Archives
Notice
The determination of what constitutes reasonable notice is dependent on the facts of the case
Located in: Employment Law
Wrongful Dismissal and Constructive Dismissal
An employee who is not dismissed for cause is entitled to be given reasonable notice of dismissal or pay in lieu of reasonable notice by their employer. Where an employee has not been given sufficient notice, he or she may sue for wrongful dismissal. Grounds for just cause are generally narrow, and the onus is [...]
Located in: Employment Law
Employer/Employee Relationships
Here are some tips from a lawyer’s perspective: The employer-employee relationship is one of the most common legal relationships in our society. Though these relationships are for the most part simple and straight-forward, the laws and principles which constitute “Employment Law” can create pitfalls for the unwary. The following tips are given for the purpose [...]
Located in: Employment Law
The Process of the Coroner
The two major components — investigative and judicial — merge to form the basis of the raison d’etre of its function — the prevention of death. An investigation by a coroner serves as an external manifestation of public concern with the preservation and protection of human life. Primarily, the coroner’s investigation is a means of [...]
Located in: Administrative Law
Coroner’s Court
Coroners are charged with investigating the death of people in circumstances described as “sudden and unexpected.” Coroners not only identify the deceased, but also determine the medical cause of death, define the manner of death and the circumstances surrounding the death. The underlying benefit of an inquest is the emphasis on preventability of like deaths; [...]
Located in: Administrative Law
Probate
Probate is the procedure by which a Will is approved by the Supreme Court of British Columbia as the valid and last Will of the deceased and also confirms the appointment of the person named as executor in the Will, recognizing the authority of the executor. The executor will receive a document from the Court [...]
Located in: Wills & Estates
Executor
An executor is the person who you appoint in your Will to be responsible for administering your estate upon your death. Duties of an executor include: Making final funeral arrangements in accordance with your wishes; Probating the will; Gathering assets and paying the debts of the estate, including funeral expenses; Filing outstanding tax returns; Obtaining [...]
Located in: Wills & Estates
Planned Giving
Planned Giving is making a charitable gift in such a way that you (as the donor) can maximize tax savings and financial benefits for yourself and/or your estate, while fulfilling your philanthropic goals. The gift may be a one-time donation, a series of payments over a set period of time, or ongoing support. It may [...]
Located in: Wills & Estates
Trusts
A Trust is a legal arrangement whereby a person (the “settlor”) gives property to another person (the “trustee”) to hold for the benefit of one or more persons (the “beneficiaries”). Trusts established while a settlor is still alive are called “inter vivos trusts.” A legal document which sets out the terms of an inter vivos [...]
Located in: Wills & Estates
Health Care Decisions: Avoiding the Terry Schiavo Incident
Many people have heard the name Terry Schiavo. The controversial dispute surrounding Terry’s life and the battle that ensued between Terry’s husband and parents brought to the forefront, for many of us, the issue of the right to die. In Terry’s situation, the fact that she did not have a Living Will left an absence [...]
Located in: Wills & Estates
