Annual Report 2016/2017

  • August 16, 2017

Submitted by CBABC Sections

Summary of Meetings

Number of Meetings Held: 7

October 25, 2016
Guest Speaker: Kevin Love, Community Legal Assistance Society
Meeting Title/Topic: Emloyment Insurance (EI) Benefits Primer
Synopsis: Labour and employment disputes can impact the Employment Insurance (EI) benefits that employees have or may be entitled to receive. Resolving disputes in a manner that maximizes the employee’s EI entitlement is often advantageous for both employees and employers. This session gave a brief overview of the EI system with view to helping practitioners understand how awards and settlement payments will impact EI benefits and what obligations lie on employers and employees in disputes that might impact EI entitlement.

November 15, 2016
Guest Speakers: Walter Rilkoff, Full-Time Member, BC Human Rights Tribunal, Steven Adamson, Member (term) & Registrar, BC Human Rights Tribunal, and Devyn Cousineau, Legal Counsel, BC Human Rights Tribunal
Meeting Title/Topic: BC Human Rights Tribunal "Bear Pit"
Synopsis: Guest speakers from the BC Human Rights Tribunal discussed a range of procedural and substantive issues, and answered questions.

December 14, 2016
Guest Speakers: Geoff Howard, Martin Sheard & Berry Hykin
Meeting Title/Topic: The Supreme Court of Canada's decision in Wilson and Atomic Energy of Canada and its Implications for your Clients
Synopsis: B.C. lawyers Geoff Howard, Martin Sheard and Berry Hykin discussed the Supreme Court of Canada's recent decision in Wilson v. Atomic Energy of Canada Ltd., 2016 SCC 29. They shared their insights and perspectives as counsel to employers, employees, and First Nations, respectively. These experienced practitioners provided participants with a summary of the key findings by the Court respecting the unjust dismissal provisions of the Canada Labour Code. Mr. Howard, Mr. Sheard, and Ms. Hykin then turned the discussion to a practical and lively debate about the implications that flow from this decision for your clients, whether employer or employee.

February 22, 2017
Guest Speakers:Alissa Demerse - Roper Greyell LLP, and Kevin Love - Community Legal Assistance Society (CLAS)
Meeting Title/Topic: Fatal and Serious Investigations and Their Lessons - Workers' Compensation Law Update
Synopsis: This presentation provided an overview of the enforcement tools available to WorkSafeBC following the Bill 9 changes to the Workers Compensation Act, helped develop your knowledge of WorkSafeBC’s new investigation protocols, and provided commentary from both the employer and worker perspective on these topics.

March 28, 2017
Guest Speaker: Diana MacDonald - BC Teachers' Federation, and John Rogers, QC - Victory Square Law Office LLP
Meeting Title/Topic: The Supreme Court of Canada's Decision in British Columbia Teachers' Federation v. British Columbia, 2016 SCC 49
Synopsis: Diane MacDonald and John Rogers, QC, counsel for the BCTF, discussed the long road to the Supreme Court of Canada and the comparatively short proceeding before the Court. They spoke to the implications and implementation of the decision, by which the majority of the Court held that that the Education Improvement Act, S.B.C. 2012, c. 3, unjustifiably infringed teachers’ freedom of association under s. 2(d) of the Charter, for the dissenting reasons of Justice Donald of the Court of Appeal.

May 23, 2017
Guest Speakers: Wayne Moore and Gabriel Somjen QC.
Meeting Title/Topic: An Arbitrator's Perspective: Common Mistakes Made by Counsel at Arbitration
Synopsis: In this section meeting, arbitrators Wayne Moore and Gabriel Somjen QC outlined the most common mistakes counsel make at arbitration and how they can be avoided. Topics that were covered included issues around preliminary objections and the use of past practice evidence.

June 8, 2017
Guest Speaker: Members of the BC Labour Relations Board
Meeting Title/Topic: Annual Banquet & BCLRB "Bear Pit"
Synopsis: Section members were invited to enjoy dinner and refreshments, and participate in the the Labour Section's annual BCLRB "Bear Pit."

Comments and Observations of the Chair