In this issue - #136 June 30, 2010

UBC student Lauren Bytelaar, who graduated today with a Bachelor of Arts degree in geography, is the first recipient of a $10,000 prize created by Pushor Mitchell LLP, awarded each year to a top graduating student in the Irving K. Barber School of Arts and Sciences at UBC's Okanagan campus.

One of the stranger aspects of the law of wrongful dismissal is the extent to which the duty to mitigate may compel a fired employee to return to work for the firing employer.  Notwithstanding that this may be an uncomfortable arrangement for the terminated employee, it seems that the courts (in B.C. at least) are embracing this concept.

It’s that time of year again when property tax assessment notices are arriving in our mailboxes. For several years, British Columbia’s Land Tax Deferment Act and its associated Regulations have allowed those over the age of 55 and persons with a disability to defer payment of property taxes. The Ministry of Small Business and Revenue has now extended this deferment option to families with children under the age of 18.

A recent BC Supreme Court case hi-lites a creative use of cell phones at an accident scene ; using your phone to photo the accident scene evidence AND obtain a verbal recorded statement from the other driver.

A separation from one’s spouse is an emotionally devastating time in one’s life and is exacerbated further when it results in the ongoing conflict of the litigation process. But no matter how tempted you may be to express your comments towards your spouse, stop!  Otherwise, the consequences may include losing custody and/or losing the respect of your children.

The Ontario Court of Appeal has, at least for now, closed the door to damages for negligent infliction of mental distress by an employer to an employee. The case (Piresferreira v. Ayotte – [2010] O.J. No. 2224) reduced an award at trial of close to $500,000 to just below $150,000.