Why does the court process take so DAMN LONG? Actually… it doesn’t have to

Lawsuits are long, expensive and stressful.

And in most cases, I would agree with this statement. Complicated cases often require multiple trial days, which need to be booked several months or even a year in advance.  Court resources are thin and time is precious, so get in line and wait your turn.

But it doesn’t always need to be that way, especially with cases that are relatively simple or are valued at less that $100,000. It also just so happens that most employment law cases fall into one or the other of these categories. 

In my practice, with almost every new litigation file I start I aim to have the matter resolved either by settlement or court judgment within 6 months. Here are some of my strategies.


Continue reading “Why does the court process take so DAMN LONG? Actually… it doesn’t have to”

The Challenge of Terminating for Cause: Stock v. Oak Bay Marina Ltd.

What’s the difference between a termination with cause and without? Most people seem to have a good idea, and recognize that a termination with cause is rooted in employee misconduct. If it has been discovered that an employee has been stealing, lying or committing other forms of misconduct, the employer may be able to argue that the employee has fundamentally breached the employment agreement and that the employer is therefore entitled to put an end to the arrangement without any compensation or severance pay.

Or so the thinking goes… What many workers and employers may not recognize is that terminating someone for “just cause” can be remarkably challenging, as one company recently discovered in the recent BC Supreme Court decision Stock v. Oak Bay Marina Ltd., 2017 BCSC 359.

Terminated Continue reading “The Challenge of Terminating for Cause: Stock v. Oak Bay Marina Ltd.”

Using Summary Trials in a Wrongful Dismissal Action

The high costs of litigation and the long delays to have a matter heard in court have raised serious concerns with respect to access to justice in Canada. This challenge can be felt particularly acutely with somebody who has recently been wrongfully dismissed from their employment. While the common law may tell us that a terminated employee may be entitled to receive several more months compensation for their termination than what their employer is offering, often the high cost of litigation require the worker to accept less than they deserve.

But what if someone can have their day in court without the time and expense of trial and discoveries? In many wrongful dismissal cases, a summary judgment application may provide just that. Continue reading “Using Summary Trials in a Wrongful Dismissal Action”