Lawyers

Carolyn MacEachern

Recent Publications

24Nov
2023
Seminar Papers

Managing the Employment Relationship

This paper addresses risks that can arise during various stages of an employment relationship from hiring through to the ending of...

31May
2023
Blog

Amendment to the Employment Standards Act

The Employment Standards Act (the "Act") was amended on May 11, 2023 to ensure unionized employees were entitled to the National Day for...

10May
2023
Client Bulletins

BCCA Clarifies Test for Family Status Discrimination

Local government employers will want to take note of the BC Court of Appeal’s recent decision in British Columbia (Human Rights Tribunal)...

07Mar
2023
Newsletter

Newsletter Volume 34, Number 1

In this issue:Best Practices for C2C Meetings - Amy O'Connor Riparian Area Protection Powers Rolled Back by the Court of Appeal - Bill...

01Dec
2022
Client Bulletins

Proposed Changes to the Workers' Compensation Act

On October 31, 2022, the provincial government introduced Bill 41 – 2022: Workers’ Compensation Amendment Act (No. 2), 2022 (the...

18Nov
2022
Seminar Papers

Labour, Employment & Human Rights: Odds and Ends

There were various labour, employment and human rights cases and new legislation this past year that impact local governments as employers....

12Sep
2022
Newsletter

Newsletter Volume 33, Number 3 - UBCM Conference Issue

In this UBCM Conference issue: City of Vancouver Cannot Control Rent by By-law, BC Supreme Court Finds - Elizabeth Anderson & Nick...

20May
2022
Client Bulletins

BC Court of Appeal Affirms Distinction Between Employees and Independent Contractors Under the Employment Standards Act

In the recent decision Beach Place Ventures Ltd. v. Employment Standards Tribunal, 2022 BCCA 147, the Court of Appeal for British Columbia...

14Mar
2022
Newsletter

Newsletter Volume 33, Number 1

In this issue: Let's Talk About Tax Sales - Michael Moll & Elizabeth AndersonRecent Decisions on Employers COVID-19 Vaccination...

17Feb
2022
Client Bulletins

Province Lifts Majority of COVID-19 Restrictions

The Provincial Health Officer announced the easing of COVID-19 safety measures in BC effective February 17, 2022. While the written orders...

09Feb
2022
Client Bulletins

Grievance Dismissed – COVID-19 Vaccine Policy Upheld

An Ontario Arbitrator recently dismissed grievances filed by the Power Workers’ Union (PWU) on behalf of 12 employees who were placed on an...

22Dec
2021
Client Bulletins

New Provincial Health Orders in Effect as of Midnight December 22, 2021

The Provincial Health Officer announced new restrictions this week in response to the increased risk of COVID infection presented by the...

01Dec
2021
Client Bulletins

BC Introduces 5 day Paid Sick Leave Program

The Province recently amended the Employment Standards Act (“ESA”) to provide for 5 days of paid sick leave for all employees. This...

26Nov
2021
Seminar Papers

Workplace Caselaw Update

Local governments have been grappling with unprecedented change in 2021, as the pandemic continues and we move to a “new normal” in our...

19Nov
2021
Client Bulletins

Enforceability of mandatory COVID-19 vaccination policies: Guidance from recent decisions

Many employers, including governments and governmental organizations, have implemented mandatory vaccine policies for their employees....

19Oct
2021
Client Bulletins

Gatherings and Events COVID Order for the eastern Northern Health Authority

On October 15, the Chief Medical Health Officer for the Northern Health Authority issued a a second Order under the Public Heath Act of BC...

04Oct
2021
Client Bulletins

Gatherings and Events COVID Order for the Eastern Fraser Health Authority

On September 28, the Chief Medical Health Officer for the Fraser Health Authority issued an Order under the Public Heath Act of BC...

15Sep
2021
Client Bulletins

New Events and Gatherings Order Includes Vaccine Card Requirements

On September 10, the Provincial Health Officer issued a new Order under the Public Heath Act of BC concerning Gatherings and Events (the...

21Jul
2021
Client Bulletins

BC Human Rights Commissioner Issues Guidance on Proof of Vaccination Requirements

As COVID-19 vaccination rates continue to increase and BC has entered Step 3 of its re-start plan, the BC Human Rights Commissioner has...

15Apr
2021
Client Bulletins

Anti-Maskers and Human Rights: Does the Code Protect Me?

The British Columbia Human Rights Tribunal (the “Tribunal”) has received a significant number of complaints since October 2020 alleging...

31Mar
2021
Client Bulletins

Severance Agreements Withheld on Basis of Settlement Privilege

The Office of the Information and Privacy Commissioner for British Columbia (“OIPC”) recently released a decision confirming that...

16Mar
2021
Newsletter

Newsletter Volume 32, Number 1

In this issue: Is our New "Home Office" a Zoning Contravention - Guy PattersonMunicipal Employers Should be Cautious if Considering...

25Nov
2020
Seminar Papers

COVID-19: Issues for Local Governments as Employers

In this session, we will discuss employment issues that continue to arise for employers during the COVID-19 pandemic. These include the...

11Jun
2020
Client Bulletins

Labour Board Clarifies Temporary Layoff Notice Obligations

Does an employer breach s. 54 of the Labour Code when it temporarily lays off bargaining unit employees? Under s. 54, an employer must...

02Jun
2020
Client Bulletins

Pam Costanzo joins Young, Anderson

We are very excited to announce that Pam Costanzo has joined Young, Anderson effective June 1, 2020. Pam attended law school after...

06May
2020
Client Bulletins

New Extension to COVID-19 Related Temporary Layoffs

On May 4, 2020, the provincial government passed Order in Council No. 219, which adds an “Exclusions during COVID-19 emergency” section to...

06Apr
2020
Client Bulletins

Ministerial Order M094 – Protection of Liability

On April 2, 2020, the Minister of Public Safety and Solicitor General issued an order under section 10 of the Emergency Program Act...

12Mar
2020
Newsletter

Newsletter Volume 31, Number 1

In this issue:BC Supreme Court Upholds New Westminster Renoviction Bylaw - Nick FalzonWho, in Law, is "Government"? - Bill BuholzerDrug...

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

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

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...