Lawyers

Carolyn MacEachern

Recent Publications

22Nov
2019
Seminar Papers

Employer Disciplinary Investigations

There has been a lot of focus in the past few years on investigations of bullying and harassment complaints. However, employers are...

11Mar
2019
Newsletter

Newsletter Volume 30, Number 1

Wu v. Vancouver: When Making Permitting Decisions, Slow Doesn't Equal Negligent - Guy PattersonCourt Upholds Increased Fee for Building...

24Nov
2018
Seminar Papers

#Whatnow? Sexual Misconduct and the Workplace

The #metoo movement has empowered many people to speak up against sexual assault misconduct. From CBC to Hollywood to Google Inc, sexual...

07Sep
2018
Newsletter

Newsletter Volume 29, Number 3 - UBCM Conference Issue

In this UBCM Conference issue: Municipal Ban on Single-Use Plastic Bags Upheld by Court - Sabrina Spencer Let's Remake a Deal: New Law...

16May
2018
Newsletter

Newsletter Volume 29, Number 2 - LGMA Conference Issue

In this LGMA Conference issue: Missed by a Milestone: Damages Award Against City Upheld in Tendering Case - Joe Scafe BC New...

13Mar
2018
Newsletter

Newsletter Volume 29, Number 1

In this Issue: Supreme Court of Canada Expands Protection Against Discrimination in the Employment Context - Carolyn MacEachern...

19Feb
2018
Blog

OIPC Reviewing Local Government Video Surveillance

The OIPC issued a release on February 7, 2018, regarding its concerns about video surveillance by local...

28Nov
2017
Seminar Papers

Local Government Services and the Human Rights Code

This paper is an update to the 2011 seminar paper “Local Government Services – Striking the Accommodation Balance”. Local governments...

25Sep
2017
Newsletter

Newsletter Volume 28, Number 3 - UBCM Conference Issue

In this UBCM Conference issue: Do not disturb: Striking a balance between welcoming public spaces and freedom of expression - Stefanie...

16May
2017
Newsletter

Newsletter Volume 28, Number 2 - LGMA Conference Issue

In this LGMA Conference issue: Going Green: A First Look at Canada's Proposed Cannabis Act - Elizabeth Anderson The Perils of...

20Mar
2017
Newsletter

Newsletter Volume 28, Number 1

In this Issue: Settlement Records Protected from Disclosure in British Columbia - Francesca Marzari Top Ten Tips for Municipalities as...

28Nov
2016
Seminar Papers

Medical Marihuana in the Workplace

An increasing amount of people are being prescribed medical marihuana to deal with various medical conditions and disabilities. Given the...

26Sep
2016
Newsletter

Newsletter Volume 27, Number 3 - UBCM Conference Issue

In this UBCM Conference issue: The Building Act: Unrestricted Matters Revealed - Bill Buholzer Assessor of Area #01 - Capital et al v....

22Jun
2016
Newsletter

Newsletter Volume 27, Number 2 - LGMA Conference Issue

In this LGMA Conference issue: Win for North Saanich on Ability to Tax Nav Canada for Airport Lands is a Win for All Local Governments...

05Apr
2016
Newsletter

Newsletter Volume 27, Number 1

In this Issue: Edmonton's Uber-Friendly Bylaw - Michael Moll Reminder: Judgements on Title Must be Renewed Every 2 Years - Don...

30Nov
2015
Seminar Papers

Anatomy of a Workplace Investigation

You have received a complaint of bullying and harassment in the workplace. What do you do? The first step is to review the complaint and...

21Sep
2015
Newsletter

Newsletter Volume 26, Number 3 - UBCM Conference Issue

In this UBCM Conference issue: Canada Post Superboxes: Signed, Sealed, Delivered and Yours? - Francesca Marzari Putting a Price on...

19Jun
2015
Newsletter

Newsletter Volume 26, Number 2 - LGMA Conference Issue

In this LGMA Conference issue: Tempest in a TeaPOT? Letters of Intent, Business Licensing and the ALR - Francesca MarzariWorksafe...

09Mar
2015
Newsletter

Newsletter Volume 26, Number 1

In this Issue: Municipal Zoning Restrictions Apply to Moorage and Public Interest Special Cost Awards Limited - Barry Williamson CPR...

01Dec
2014
Seminar Papers

The Perils of Labour & Employment Law

Local government employers are well aware of the many perils involved in managing and dismissing employees given the obligations placed...

29Sep
2014
Newsletter

Newsletter Volume 25, Number 3 - UBCM Conference Issue

In this UBCM Conference issue: Tsilhqot'in Nation v British Columbia: Aboriginal Title Proven in British Columbia - Gregg Cockrill BC...

19Sep
2014
Client Bulletins

OIPC requires public bodies to disclose non-responsive information

Two recent decisions of the Office of the Information and Privacy Commissioner have called into question the practice of many public...

12Jun
2014
Client Bulletins

Court Of Appeal Confirms That Municipal Councillors Are Officers For The Purposes of FIPPA

In May, 2011, the Provincial Court found that a Prince George Councillor was guilty of breaching section 30.4 of the Freedom of...

12Jun
2014
Newsletter

Newsletter Volume 25, Number 2 - LGMA Conference Issue

In this LGMA Conference issue: The Land Conservancy Selling Heritage Properties to Pay Debts - Francesca MarzariBill 17: Sweeping...

02Dec
2013
Seminar Papers

Privacy Issues in the Work Place

Managing employees has always been complicated and is becoming even more so with the increasing use of technology in the workplace and a...

15Sep
2013
Newsletter

Newsletter Volume 24, Number 3 - UBCM Conference Issue

In this UBCM Conference issue:BCSC Upholds Local Government Authority to Regulate Long-Term Moorage - Barry WilliamsonCourt Confirms...

11Jun
2013
Newsletter

Newsletter Volume 24, Number 2 - LGMA Conference Issue

In this LGMA Conference issue:Medical Marihuana: Health Canada Hits Reset Button - Bill BuholzerThe Perils of Independent Contractor...

12Mar
2013
Newsletter

Newsletter Volume 24 Number 1

In this Issue: A Look Back at 2012 - Francesca MarzariCourt of Appeal Rejects Local Government Duty to Consult First Nation - Reece...

03Dec
2012
Seminar Papers

Employer Obligations: Staying Out of Hot Water

Recent case law and changes to the Workers Compensation Act in relation to bullying and harassment highlight the increasing obligations...

25Oct
2012
Client Bulletins

Workplace Computers and Employee Privacy Rights

The Supreme Court of Canada recently released the decision of R. v. Cole about whether a teacher had a reasonable expectation of privacy...

24Sep
2012
Newsletter

Newsletter Volume 23, Number 2 - UBCM Conference Issue

In this UBCM Conference Issue: No-Fee Emergency Calls (Taxes Apply), It's Party Time!, Worksafe BC to Adjudicate Claims of Harassment...

08May
2012
Newsletter

Newsletter Volume 23, Number 1 - LGMA Conference Issue

In this LGMA Conference issue: First Nations Consultation ≠ The Crown; Using Legal Services Effectively; Volunteer Firefighter...

02Dec
2011
Seminar Papers

Local Government Services: Striking the Accommodation Balance

Section 8 of the Human Rights Code (the “Code”) prohibits discrimination on the basis of various enumerated grounds with respect to the...

05Oct
2011
Client Bulletins

Definition of Employee for Election Purposes

Employees of a local government who want to run for office with their local government must take a leave of absence during the nomination...

21Sep
2011
Newsletter

Newsletter Volume 22, Number 2 - UBCM Conference Issue

In this UBCM Conference Issue: Some Observations on the Municipal Auditor General, Provincial Consultation Requirements “Aspirational”,...

02May
2011
Newsletter

Newsletter Volume 22, Number 1 - LGMA Conference Issue

In this LGMA Conference Issue: How much is that doggie in the window? He’s not for sale anymore, Between a rock and a hard place: Court...

03Dec
2010
Seminar Papers

Avoiding Labour and Employment Litigation

Many recent cases serve as a good reminder of some general principles that employers can follow to try and avoid litigation or at least...

01Sep
2010
Newsletter

Newsletter Volume 21, Number 2

In this Issue: Court OKs process for Surrey civic centre expropriation, What's the big deal about Arkinstall? (Or how to stop worrying...

01Mar
2010
Newsletter

Newsletter Volume 21 Number 1

In this Issue: "Curious" tender clause unenforceable, Tax bylaws not land use planning tools, Catalyst update: Vancouver Island tax...

27Nov
2009
Seminar Papers

New Technology and Social Media in the Workplace

Employee use of the internet and email, both at work and at home, raises unique challenges for employers given the proliferation of the...

01Sep
2009
Newsletter

Newsletter Volume 20 Number 3

In this issue: Councillor charged with privacy offence, Candidate fraud invalidates election, OCP consistency rule hardened?, Human...

01Jun
2009
Newsletter

Newsletter Volume 20 Number 2

In this Issue: Provincial consultation with local governments - a matter of principle? Consultation failure invalidates Island bylaws,...

01Mar
2009
Newsletter

Newsletter Volume 20 Number 1

In this issue: No Charter protection for sidewalk encroachments, Municipal access agreements: CRTC allows road degradation fees,...

01Nov
2008
Seminar Papers

Good News For Employers

Based on a review of the cases we have discussed over the past few years, local government employers may recall receiving various...

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