Volume 2 - 2011
November 2011
A Recent Case of Josephson Associates Barristers.
Lions' Gate B'nai Brith Building Society v B'nai Brith Canada et al
» Link to Case
We represented a senior citizens’ housing society incorporated under the Society Act, in a fight over membership of the Society and control of its Board of Directors.
Mr. Justice Sigurdson, in finding in favour of our client, the Petitioner, said:
"Under s.24 of the Society Act, the members of the Society may, in accordance with the bylaws of the Society, nominate, elect or appoint directors. The board of directors is made up of (in addition to those elected at the annual general meeting) any honourary member who has signed a written consent to act as a director. The bylaws suggest that the term of a director is until the next annual general meeting unless he or she resigns or is removed before.
Whether a person is entitled to sit on the board as a director is a matter of interpretation of the bylaws of the Society, and application of the facts of the case to those bylaws properly interpreted."
In reaching his decision, Mr. Justice Sigurdson found that, in the case of the Respondents to the Petition, the evidence fell short of what was required to show that the individuals in question met the criteria for honourary membership in the Society set out in the by-laws.
Other Cases
Waterman v I.B.M. Canada Limited
» Link to Case
When you are making arrangements to terminate the employment of a pensioned employee, you may ask yourself the question: are pension benefits the employee will receive during the notice period deductible from the employee’s entitlement arising from the termination?
In its recent decision in Waterman v IBM Canada Limited, the Court of Appeal of British Columbia has said that the answer depends on the terms of the employment contract in question.
The pension benefit cannot be deducted where it is not a substitute for lost wages, but rather a “collateral” benefit to the salary earned by the employee. However, in those cases where the parties intended the pension or disability benefit to be a form of “salary replacement”, then the benefit is deductible.
This decision provides useful guidance for human resource managers in the structuring of benefits packages. In Waterman, the Court of Appeal accepted that Mr. Waterman’s pension benefits would not have been ordinarily triggered until he chose to retire at the end of his working career. However, the employment contract contained no “express provision” to such effect.
As a result, the pension benefits paid to Mr. Waterman during the period of reasonable notice were not to be deducted from his entitlement to severance under his award for damages for wrongful dismissal.
Firm News
Members of the firm have recently fulfilled long-held intentions, and ticked off items on their respective bucket lists.
Ron Josephson jumped from a plane over Abbotsford to celebrate a significant birthday in September...
...and swam with endangered great white sharks off the coast of South Africa in March.
Clare Prestegar cavorted with polar bears in Churchill, Manitoba in October.
Jonathan Lee met his idol, Canadian icon William Shatner, in October.
You can connect with Ron Josephson via LinkedIn.
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