British Columbia Archives - Page 3 of 7

Minimum Notice or Severance Requirements in British Columbia

In British Columbia, when an employer terminates an employee’s employment without cause, they are legally obligated under the Employment Standards Act (ESA) to provide either written notice of termination or pay in lieu of notice. These statutory minimums are mandatory and apply regardless of the terms stipulated in any employment contract, unless the contract offers […]

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Legal Termination Without Cause

Employment / Melissa Briones

When Can an Employer Legally Terminate an Employee Without Cause in British Columbia? In British Columbia, employers generally retain the right to terminate an employee “without cause,” meaning they are not required to provide a specific reason directly related to serious employee misconduct for ending the employment relationship. This right, however, is balanced by crucial

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Employee Rights During Probationary Period

Employment / Melissa Briones

What rights does an employee have during a probationary period? Many employment contracts in British Columbia include a probationary period, typically ranging from three to six months, designed to allow both the employer and the employee to assess the suitability of the employment relationship. However, it’s a common misconception that employees have no rights during

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Employee VS Independent Contractor – What is the Difference?

Employment / Melissa Briones

What is the difference between an employee and an independent contractor? Understanding the fundamental distinction between an employee and an independent contractor is paramount for both businesses and workers operating in British Columbia. These classifications carry vastly different rights, obligations, and legal protections, and a misclassification can lead to significant legal and financial repercussions, including

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Appointing an Executor in British Columbia

Wills & Estates / Melissa Briones

In British Columbia, a will-maker (testator) has the crucial responsibility of appointing one or more executors in their will under the Wills, Estates and Succession Act (WESA). The executor plays a vital role, being responsible for administering the deceased’s estate according to the instructions in the will and the law. To qualify, an executor must

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Common-Law Relationships and Property Division in B.C.

Family Law, Real Estate Law / Melissa Briones

Dividing Property After a Common-Law Relationship Ends in British Columbia When a common-law relationship in British Columbia comes to an end, the division of property is primarily governed by the Family Law Act. Under this legislation, unmarried couples who have lived together in a marriage-like relationship for at least two years are legally considered “spouses”

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Severing Joint Tenancy in British Columbia

Real Estate Law, Wills & Estates / Melissa Briones

Severing Joint Tenancy in British Columbia: Methods and Estate Implications In British Columbia, joint tenancy is a common form of property co-ownership where two or more individuals hold equal, undivided interests in real property. The defining characteristic of joint tenancy is the right of survivorship, meaning that upon the death of one joint tenant, their

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Overtime and Employee Rights

Employment / Melissa Briones

Can an Employee in BC Be Fired for Refusing to Work Overtime? What Are Their Rights? In British Columbia, the Employment Standards Act (ESA) sets the minimum standards for employment, governing aspects like hours, overtime, and termination, and both employers and employees must adhere to these regulations. The ESA defines standard hours as 8 hours

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Backing Out From A BC Real Estate Transaction

Real Estate Law / Melissa Briones

What Happens if a Buyer Backs Out After Removing Conditions in a BC Real Estate Transaction? In British Columbia, a residential real estate purchase agreement becomes firm and legally binding once a buyer has removed all conditions, often referred to as “subjects.” If a buyer attempts to withdraw from the contract after this point, it’s

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Liability For Partner’s Debt After Separation in B.C.

Family Law / Melissa Briones

Can a Spouse Be Held Responsible for the Other Partner’s Personal Debt After Separation in BC? The division of debt following a separation in British Columbia is governed by the Family Law Act, which sets out clear rules for how debts are classified and divided between spouses. Understanding these rules is essential for advising clients

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British Columbia

Minimum Notice or Severance Requirements in British Columbia

Legal Termination Without Cause

Employee Rights During Probationary Period

Employee VS Independent Contractor – What is the Difference?

Appointing an Executor in British Columbia

Common-Law Relationships and Property Division in B.C.

Severing Joint Tenancy in British Columbia

Overtime and Employee Rights

Backing Out From A BC Real Estate Transaction

Liability For Partner’s Debt After Separation in B.C.

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