Statutory Tribunals

In 2013-2019, we represented an employer in a series of complex proceedings involving WorkSafeBC, the Workers’ Compensation Appeal Tribunal, and the Supreme Court of British Columbia. Ultimately, we were successful in substantially limiting our client’s liability following an employee’s injury in the workplace.

In Dr. Michael Butler v Vancouver Coastal Health Authority, 2015 BCHAB 2 and Dr. Michael Butler v Vancouver Coastal Health Authority, 2016 BCHAB 4, we represented an ophthalmologist in proceedings before the BC Hospital Appeal Board.

In 2015-2016, we represented a trade union in proceedings before the Federal Court to seek judicial review of the federal government’s granting of work permits to foreign nationals to work as crewmembers of foreign-flagged vessels engaging in cabotage (coasting trade) in Canadian waters. We provided evidence that this practice harmed the Canadian maritime labour market, as the foreign nationals were being paid wages that were far lower than the Canadian prevailing wage – in some cases, as low as $2.41/hour. In 2017, we negotiated a settlement agreement in which the federal government agreed to substantially alter its practices concerning the granting of work permits for the crews of foreign vessels engaging in cabotage in Canadian waters. Pursuant to this settlement agreement, the federal government adopted a new policy providing that work permits shall not be granted to foreign nationals to work as crewmembers of foreign-flagged vessels for work exceeding 30 days in duration, unless the applicant obtained a letter of concurrence from our client (on behalf of all Canadian maritime trade unions) stating that there are or are not qualified Canadians who are capable of working on the vessel.

In 2016-2017, we represented a senior civil servant who was subject to criticism in a draft report of the BC Ombudsperson. Due to our representations, the final report of the Ombudsperson presented our client in a more favourable light.