Congratulations to Senior Litigation Partner Herb Silber
Our client, Royal City Jewellers & Loans Ltd., challenged the City of New Westminister Bylaw to Regulate Second Hand Dealers operating in the City of New Westminister (Bylaw 6408, 1997). The Bylaw required all licensed pawnbrokers and second hand dealers to collect personal information from all persons from whom a second hand article was received or bought and to disclose that information in real time to the police.
Herb argued that the disclosure provisions required by the bylaw fell outside of the delegated authority of the City of New Westminster by the Province of B.C., constituted a violation of the privacy rights of customers and amounted to the City’s sanction of an illegal search and seizure constituting a violation of s.8 of the Canadian Charter of Rights and Freedoms...
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12 Corporate UK 44 (June 2007).
In a recent interview given to Corporate UK Magazine, managing partner Carol Kerfoot discusses Canada’s legal environment and the International Alliance of Law Firms:
The Canadian legal environment varies considerably from province to province, as it relates to business and commerce. Activity levels vary from a high in Alberta, followed by Ontario, and then British Columbia, to lower levels in other provinces. In B.C., we have historically seen higher levels in dollars, volume and complexity in Vancouver and the surrounding lower mainland area, than we have seen in the interior or elsewhere in the province. Not surprisingly legal work in the commercial and business sectors, and the number of lawyers in commercial practice, follow a similar pattern...
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"Removing, adding or substituting a party after judgment or a final order: Can it be done, and when?"
65 The Advocate 173 (March 2007).
By Shafik Bhalloo
Rule 15(5) of the Rules of Court governs the adding, removing or substituting of a party at any stage of a proceeding in British Columbia. While there is much common law generated in court decisions interpreting and applying the said Rule in the context of applications to add, remove or substitute a party in a legal proceeding before a judgment or a final order , there is very little case law on the subject of removing, adding or substituting a party after a final order or judgment...
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“Notice extension for bad faith dismissal: ‘a remedy divorced from the wrong’.”
110 The Verdict 52 (October 2006).
By Shafik Bhalloo
The effect of the decision of the Supreme Court of Canada in Wallace v. United Grain Growers Ltd. is irrefutably significant in the development of the law of wrongful dismissal in Canada. In Wallace, the Supreme Court reviewed the law of wrongful dismissal in the context of the manner of dismissal by the employer and chose to recognize both bad faith and unfair treatment on the part of the employer at the time of the termination of employment as factors additional to those traditionally considered in determining and otherwise extending reasonable notice in wrongful dismissal cases...
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“Bad faith damages in wrongful dismissal cases: Post Wallace jurisprudence."
64 The Advocate 337 (May 2006).
By Shafik Bhalloo
Prior to the Supreme Court of Canada’s landmark decision in Wallace v. United Grain Growers Ltd., in a case of wrongful dismissal, damages were limited to the earnings lost during the period of reasonable notice to which the employee was entitled and did not include damages for the manner of dismissal, for injured feelings, or for loss sustained from the fact that the dismissal made it more difficult for the employee to obtain other employment...
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