Rent Distress Act needs a COVID-19 update, BC Court explains why only urgent cases, and releasing people from jail
The Rent Distress Act governs the seizure of property by commercial landlords for the non-payment of rent. Its provisions are utilized in cases, including a recent court decision concerning the seizure and sale of a pizza oven, by a landlord in Tofino. Unfortunately, in the context of the COVID-19 pandemic, the act is hopelessly out of date. It only permits a tenant to keep $200 worth of property relating to their trade and sets out an archaic list of other property that a tenant is allowed t...
9 Apr 202022min
Judge urges delay in driving prohibition for single mother due to COVID-19 and Quebec police stopping cars from Ontario
A single mother, who lives in a rural area 20 minutes from the nearest grocery store and pharmacy, was prohibited from driving by the BC Superintendent of Motor Vehicles as a result of two distracted driving tickets she received last year. On an appeal to the BC Supreme Court, a judge agreed with the Superintendent of Motor Vehicles that they were not required to consider either the circumstances of the tickets or the hardship that a four-month driving prohibition would cause. Section 9...
2 Apr 202021min
Bill C-13 - The Federal COVID-19 legislation as well as a dangerous congregation of homeless people in Victoria
Bill C-13: a federal act respecting certain measures in response to COVID-19, has now received royal assent. Several elements of this legislation are discussed on the show. Bill C-13 created the Emergency Response Benefits Act. This act will provide a monthly payment of $2,000 to people out of work. One important element of the act is that the monthly benefits will not be available to any worker who “quit their employment voluntarily”. So: don’t quit your job if you wish to remain eligible fo...
26 Mars 202019min
BC courts respond to COVID-19 and emergency measures legislation both federal and provincial
Both the BC Provincial Court, and BC Supreme Court have adjourned all, but the most urgent cases, scheduled from now until early May. Urgent cases, that will proceed, include in-custody bail hearing, in custody criminal trial, and urgent cases including child protection, house evictions, refusal of treatment and end of life matters, orders under the Quarantine Act or the Public Health Act, or a variety of other urgent cases, as determined by a judge on a written application. Witnesses, ...
19 Mars 202021min
No sick leave required by BC legislation, liability limited for a home inspection, and no municipal liability for a slip and fall on ice
BC is the only province in Canada where employers are not required to provide any sick leave. While various other forms of leave are required by the Employment Standards Act, including unpaid leave to care for seriously ill or injured family members, sick leave is not required. Various other recent amendments to the Employment Standards Act are discussed along with a report assessing the desirability of requiring sick leave, either paid or unpaid. Those opposed to mandatory sick leave p...
13 Mars 202020min
Crimes against humanity are now part of Canadian law, ineffective snowboarding waiver signs, and an acid spill damaged thousands of vehicles
The Supreme Court of Canada has permitted a claim by workers at a mine in Eritrea to proceed, after concluding that Canada has adopted “customary international law” into the Canadian legal system. The Eritrean miners brought the proposed class claim action against a British Columbia based mining company, which is a part-owner of the Eritrean mine where they work. The miners are seeking damages for breaches of customary international law prohibitions against forced labour, slavery, cruel, inhu...
6 Mars 202023min
ICBC decisions should be subject to independent review, counselling an offence is also and offence, and aboriginal title vs sovereignty
If BC moves to an ICBC monopoly no-fault auto insurance system, as has been proposed, the suggested avenues for a review of ICBC decisions would not be adequate, or fair. Apart from an ombudsperson, and fairness offer, who would have no actual authority to correct unfair decisions by ICBC, what has been suggested is to use the Civil Resolution Tribunal. The Civil Resolution Tribunal was designed to deal with very small civil and strata property disputes. It is not an appropriate m...
27 Feb 202021min
Who decides how and when unlawful protesters are removed and ICBC's finances: dumpster fire or a political excuse?
Who decides if, how, and when, protesters who are blocking rail lines, ferries, driveways, or bridges are to be removed? Both protesters, and politicians, have suggested that either the Premier of BC, or the Prime Minister of Canada should, or should not, remove protesters who are obstructing transportation infrastructure or natural gas pipeline construction. In many cases, these suggestions demonstrate a fundamental misunderstanding of how such decisions are made. Neither the Premier of B...
21 Feb 202021min
