Strata Alert: An “odious” situation: the impact of a disability on a strata’s obligation to investigate and enforce smoking and nuisance bylaws

When a person’s medical condition is aggravated by smoke or fragrances, they would typically remove the source from their home. But what happens when the offending odour passes through the shared walls or ventilation system of a condominium?[…]

Terminating your Employee for No-Show is a No-Go: What Employers can Learn from Wong v. Polynova Industries Inc.

Consider this scenario: Your employee says he is not feeling well and will be taking a few days off work. After a few days, however, the employee does not report to work. Days turn into weeks, and he is still a no-show. You try calling him, but you are unable to reach him. More time goes by, and the employee has not made any attempt to contact you. You assume he has quit, and you hire a replacement to do his job. […]

Employer Sponsorship of Men-Only Ski Event Found to be Discriminatory

McConaghie v. Systemgroup Consulting Inc., 2014 HRTO 295 Naomi Rozenberg, nrr@lmlaw.ca Phone: 604-685-3911 Paul G. Mendes, pgm@lmlaw.ca Phone: 604-685-4894 Sometimes even your best marketing ideas can land you in hot water with the Human Rights Tribunal. Systemgroup Consulting Inc. sponsored a customer appreciation day that was for men only. Systemgroup paid for some male employees […]

Contractors May Be Entitled to Reasonable Notice of Termination

Khan v. All-Can Express Ltd., 2014 BCSC 1429 By Naomi Rozenberg, Associate Phone: 604-685-3911 Email: nrr@lmlaw.ca A recent BC Supreme Court decision confirms that contractors who are in an economically dependent relationship are entitled to reasonable notice of termination or pay in lieu of notice. Khan v. All-Can Express Ltd., 2014 BCSC 1429 involved a […]

Maple Leaf Foods: An “Imminent Risk” to Construction Defect Claims?

On November 6, 2020, the Supreme Court of Canada released the 5-4 decision of 1688782 Ontario Inc. v. Maple Leaf Foods Inc., 2020 SCC 35 (“Maple Leaf Foods”). The majority decision states that property owners who bring negligence claims for building defects must prove that the defects present an “imminent risk” of danger to persons or damage to property.

Some defence counsel have interpreted this case as a major development. However, we predict that it will have a limited impact on how courts determine future construction defect claims. […]

Strata Alert: BUILDEX Vancouver

On April 22, 2020, BC’s Minister of Public Safety and Solicitor General issued a revised order protecting essential service providers (such as strata managers) from liability resulting from transmission of SARS-CoV-2 if they provided their essential service, or …[…]

Underground Oil Storage Tanks – Post-Removal Steps

    Naomi R. Rozenberg Phone:  604-685-3911 Email: nrr@lmlaw.ca     If an underground oil storage tank (“UST”) was removed from your property, there are certain steps you can take to protect yourself, your family, and your investment. The UST may have already rusted, corroded and leaked furnace oil, causing soil and groundwater contamination. Contamination from […]

Strata Alert: Does a Power of Attorney have the power to be on strata council?

A power of attorney is a legal document that gives one person legal authority to act as an attorney (i.e. make decisions) on behalf of another person. Under the BC Power of Attorney Act, an adult of full capacity can appoint an attorney to make decisions on their behalf, do anything the adult may lawfully do by an agent concerning the adult’s financial affairs. They are most often used by strata lot owners who reside full or part-time outside of BC, but they also arise in cases where the strata lot owner may have a cognitive impairment. […]

Contractor Warranties: The Good, the Bad, and the Time Sensitive

Owners often focus their attention on their “2-5-10” new home warranty policy. However, they often overlook warranties provided by contractors, trades, suppliers and manufacturers on their work or products. […]

Employment Alert: Terminating your Employee for No-Show is a No-Go: What Employers can Learn from Wong v. Polynova Industries Inc.

Consider this scenario: Your employee says he is not feeling well and will be taking a few days off work. After a few days, however, the employee does not report to work. Days turn into weeks, and he is still a no-show. You try calling him, but you are unable to reach him. More time goes by, and the employee has not made any attempt to contact you. You assume he has quit, and you hire a replacement to do his job. […]