Privacy Law

Privacy is a quickly developing area of law in the workplace.

Employers have to pay close attention to compliance and security matters as new legislation and increased social awareness of privacy issues develop. Our lawyers provide strategic and practical advice to employers based on a strong familiarity with privacy compliance and potential liability issues. We regularly advise clients on complaint procedures, Freedom of Information and Protection of Privacy Act requests, compliance with the Personal Information Protection Act, privacy and access obligations, security requirements and areas of liability. We also have experience assisting clients with complaints and inquiries before the Office of the Information and Privacy Commissioner of British Columbia.

Our lawyers regularly develop and review privacy-related policies and procedures, and train employees, supervisors and managers on privacy compliance. Our experience in this area means that we can work with employers to provide practical and efficient solutions to problems that arise, and ensure that workplaces are in continuous compliance with privacy law.

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Latest News

Pulver Crawford Munroe LLP Lawyers Ranked as Leading Practitioners in The 2023 Canadian Legal Lexpert®

Pulver Crawford Munroe LLP is proud to announce that seven of our lawyers were recognized in The 2023 Canadian Legal Lexpert® Directory rankings for British Columbia earlier this month. Lexpert® Canada recognizes the country’s leading practitioners and firms. Being “Lexpert-ranked” is an acknowledgement of excellence by our peers and colleagues. We are honoured that our lawyers have […]

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National Day for Truth and Reconciliation Passed into Law as a Statutory Holiday in BC

On March 9, 2023, British Columbia’s Bill 2, the National Day for Truth and Reconciliation Act, received Royal Assent. As a result, the National Day for Truth and Reconciliation, which occurs on September 30th each year, is also now a public holiday in the province of British Columbia for all provincially regulated employers. For more information about […]

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BC to make National Day for Truth and Reconciliation a Statutory Holiday

On February 7, 2023, the BC government introduced Bill 2, National Day for Truth and Reconciliation, to recognize September 30 as a public holiday.  Once passed, the Bill will amend the Employment Standards Act to include the day as the 11th provincial statutory holiday.  September 30 is already recognized as a holiday for federal employees, […]

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Congratulations to the Victoria Chamber of Commerce on 160 Years!

160 years of serving the southern Vancouver Island business community is no small feat. Pulver Crawford Munroe LLP is proud to be a member of this dynamic organization. The Chamber is dedicated to building connections among Island entrepreneurs and innovative organizations and advocating for initiatives at all levels of government in BC to support the […]

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Pulver Crawford Munroe LLP recognized on The Globe and Mail annual list of Canada’s Best Lawyers 2023

PCM Lawyers is pleased to be listed among the law firms recognized on The Globe and Mail’s list of Canada’s Best Lawyers 2023 for our work in Labour & Employment law. The awards list was announced on November 15, 2022, and can be viewed on the Globe and Mail website here. The Canada’s Best Lawyers list was curated based on […]

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Human Rights Tribunal Denies Application Alleging Discrimination Based on Creed Related to Mandatory Vaccine Policy

Negina Khalil On September 29, 2022, in Brown v. Planet Fitness (Dundas), the Human Rights Tribunal of Ontario dismissed an application alleging discrimination based on creed with respect to a mandatory vaccine policy. The decision was made following a hearing in writing. The applicant alleged that they were denied access to the facility because of […]

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Webinar Alert: “Year in Review: Labour & Employment Legal Updates from Across Canada,” November 15, 2022

Although the effects of the COVID-19 pandemic have started to subside, the past year has been marked by upheaval in the personal and professional lives of workers across the country. In turn, Canadian employers continue to face new and emerging challenges to their businesses. On Tuesday, November 15, 2022 (11:00 AM – 1:00 PM, PDT), […]

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Webinar Replay: Post-Pandemic Workforce Management: What HR and LR Professionals Need to Know

Join Marcia McNeil and a panel of experienced counsel from Advocates for Employers of Canada for a discussion of Post-Pandemic Workforce Management. The panel addresses current employment issues, important legal developments, and practical strategies to help employers successfully navigate the new world of work. Topics include the following: Occupational health and safety considerations for post-pandemic […]

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Pulver Crawford Munroe LLP Lawyers Recognized in the 17th Edition of Best Lawyer in Canada

Congratulations to Susan Arnold, Dean Crawford, KC, Marcia McNeil, Craig Munroe, Paul Pulver, Peter Sheen, Marino Sveinson, and Jessica Thomson for being recognized by their peers and listed in the 17th Edition of Best Lawyers in CanadaTM in the fields of Labour and Employment Law. Recognition in Best Lawyers is widely regarded by both clients […]

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Temporary changes to the performance of job duties may not amount to constructive dismissal

In certain circumstances, an employer may temporarily change how an employee performs the duties of their job and it will not be considered constructive dismissal. In constructive dismissal cases, an employee must prove the employer evinced an intention to no longer be bound by the employment contract, and the employee can do so in one […]

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Refusal to comply with face mask policy was repudiation, not constructive dismissal 

Benke v Loblaw Companies Limited, 2022 ABQB 461 (CanLII) In this case, a grocery store employee, Mr. Benke, refused to comply with a municipal bylaw requiring face masks in public premises and his employer’s policy requiring face masks to be worn at the workplace. The court determined the employee’s refusal to perform his job in […]

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Non-Disparagement Clause Upheld

Pulver Crawford Munroe LLP recently represented a Municipal Police Board (the “Board) in an arbitration decision which determined that a non-disparaging comments clause in a Settlement Agreement between the Board, a Police Association (the “Union”), and a Former Police Constable (FPC), was enforceable 17 years after the Agreement was originally signed. The Arbitrator determined that […]

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Pulver Crawford Munroe LLP featured in the 2022 Lexpert® “Who’s Who” ranking of Employment and Labour Relations Law Firms in Vancouver

Pulver Crawford Munroe LLP is proud to be recognized as a leading labour and employment law firm in the 2022 Lexpert® rankings for Vancouver. Since 1994, Lexpert® Canada surveys have recognized the country’s leading lawyers and law firms based on peer ratings and nominations. This achievement reflects the work and dedication of our entire team […]

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Single-step Union Certification Receives Royal Assent and Comes into Effect

Bill 10, the Labour Relations Code Amendment Act, 2022, was introduced by the Government of British Columbia on April 6, 2022. On June 2, 2022, Bill 10 received Royal Assent and is now in effect. As a result, business can expect significant changes to the bargaining unit certification process. The new amendments to the Labour […]

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Pulver Crawford Munroe LLP joins the South Island Prosperity Partnership (SIPP) as their first law firm partner

We are excited to announce that Pulver Crawford Munroe LLP has joined the South Island Prosperity Project (SIPP) as the first law firm member in their regional economic alliance. SIPP acts as an integrator of leaders and sectors to create key partnerships with the goal of collectively nurturing a more innovative, diversified, inclusive and sustainable economy. SIPP […]

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Webinar Alert: June 7, 2022 – Post-Pandemic Workforce Management: What HR and LR Professionals Need to Know

The COVID-19 pandemic has significantly changed the nature of how work is done. What will the post-pandemic workforce look like across Canada? What new obligations and risks exist for Canadian employers? On June 7, 2022, Marcia McNeil of our office will join a panel of experienced counsel from Advocates for Employers of Canada to provide a seminar […]

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Who’s Who Legal names Craig Munroe one of Canada’s thought leaders in Labour & Employment law 2022

We are delighted to announce that Craig Munroe has been recognized as a Canadian thought leader in the 2022 edition of Who’s Who Legal for labour and employment law. Who’s Who Legal publications feature over 27,000 of the world’s leading private practice lawyers and consulting experts. WWL reports are based on extensive research, including interviews […]

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BC Hydro’s Mandatory Vaccine Policy was Reasonable, but Threat of Discipline was Not

A recent arbitration decision, BC Hydro and Power Authority v International Brotherhood of Electrical Workers, Local 258, 2022 CanLII 25764 (BC LA), determined that BC Hydro’s mandatory vaccine policy was reasonable but the threat of discipline against those who remained unvaccinated was not. The decision is the first in BC to consider a mandatory COVID-19 […]

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B.C. Government Re-Introduces Automatic Union Certification

On April 6, 2022, the Government of British Columbia introduced Bill 10 to amend the Labour Relations Code (the “Code”). The proposed changes to the Code will re-introduce a single-step certification process which enables unions to be certified, without a vote, where 55% or more employees in the proposed bargaining unit have signed union cards. […]

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The Minimum Wage in British Columbia Will Increase on June 1, 2022

The minimum wage in British Columbia will increase from $15.20 to $15.65 as of June 1, 2022. The BC Provincial Government calculated the increase based on a 2.8% average inflation rate. It appears the current provincial government intends to increase the minimum wage each year in accordance with an annual inflation rate. Since 2018, the […]

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Eight Pulver Crawford Munroe LLP Lawyers Recognized as Leading Practitioners in the 2022 Canadian Legal Lexpert Directory

Congratulations to Susan Arnold, Dean Crawford, K.C., Pat Gallivan, QC, Marcia McNeil, Craig Munroe, Paul Pulver, Peter Sheen, and Marino Sveinson for once again being recognized by their peers and listed in the 2022 Edition of the Canadian Legal Lexpert Directory. The Canadian Legal Lexpert® Directory rankings and awards are well-recognized in the legal community, […]

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Ontario Labour Relations Board held Union Acted Properly in Representing Unvaccinated Healthcare Employees

Ontario’s labour legislation, like British Columbia’s, provides an opportunity for union members to bring complaints against their union to the Labour Relations Board asserting that the union did not properly represent their interests. On January 10, 2022, the Ontario Labour Relations Board dismissed the complaint of several unvaccinated healthcare personal support workers. The Board held that […]

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Surreptitious Recording of a Co-Worker was Just Cause for Dismissal

In Shalagin v Mercer Celgar Limited Partnership, 2022 BCSC 112, the BC Supreme Court dismissed an employee’s wrongful dismissal lawsuit on the basis that the employee’s secret recordings of his co-workers was just cause for his termination given the effect on the relationship of trust between employer and employee. Takeaways The employment relationship depends on […]

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Union Application for Stay of Mandatory Vaccination Policy Denied

On January 12, 2022, Arbitrator Randall Noonan issued a decision denying an application by the International Association of Professional Firefighters to stay the implementation of a mandatory vaccination policy (the “Policy”) by the City of Richmond (the “Employer”). In this case, the Employer had enacted its vaccination policy with a view to limiting the spread […]

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Mandatory Vaccine Policies: Ontario Arbitrators Weigh In

Two Ontario Labour Arbitrators recently heard grievances from unions claiming the Employers’ mandatory COVID-19 vaccination policies were a violation of the respective collective agreements. In one case, the grievance was dismissed. In the other, the grievance was upheld. While these decisions come out of Ontario, they provide insight into how Labour Arbitrators are considering the legitimacy of mandatory vaccination policies. UFCW Local 333 v Paragon, 9 November 2021 The […]

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Five paid sick days introduced under the Employment Standards Act of British Columbia

The Province, after consulting with workers and employers across British Columbia, has legislated five paid sick days for employees regulated by the Employment Standards Act (the “ESA”).[1] Effective January 1, 2022, employees can take up to five days of paid leave per year for personal illness or injury. This is in addition to the three […]

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Pulver Crawford Munroe LLP Recognized by The Globe and Mail as one of Canada’s Best Law Firms

PCM Lawyers is delighted to be among the law firms recognized on The Globe and Mail’s list of Canada’s Best Law Firms 2022. This prestigious award is presented by The Globe and Mail and Statista Inc., the world-leading statistics portal and industry ranking provider. The awards list was announced on November 16, 2021, and can […]

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Watch the Webinar: Cross-Canada Workplace Accommodation

On September 22, 2021, a national panel of speakers from Advocates for Employers of Canada (AEC) held a webinar to discuss the current state of workplace accommodation law in Canada and provide practical tips and strategies for employers. Topics included: General Legal Principles Family Status Accommodation Religious Accommodation Disability Accommodation Drugs and Alcohol in the […]

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British Columbia’s Mandatory Vaccination for Non-Essential Services

British Columbia’s Public Health Officer recently announced proof of vaccination requirements in order to access certain non-essential events, services and business. The proof of vaccination requirements applies to all people in British Columbia who are 12+ years old.   Key Dates By September 7, 2021, post-secondary students staying in on-campus student housing will be required […]

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Webinar Alert: Cross-Canada Workplace Accommodation Update, September 22, 2021

Workplace accommodation can be one of the most challenging issues faced by HR and LR professionals. The ongoing pandemic has added another nuanced layer to this already complicated area of law. Marcia McNeil is joining a panel of our colleagues at Advocates for Employers of Canada (AEC) for a 90-minute Zoom webinar covering the latest […]

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Transitioning from COVID-19 Safety Plans to Communicable Disease Prevention in the Workplace

On July 1st, 2021, B.C. progressed to Step 3 of the Province’s Restart Plan.  Employers are no longer required to maintain a COVID-19 Safety Plan pursuant to WorkSafeBC requirements. Instead, employers can transition to developing a Communicable Disease Plan (CDP) as directed in a statement by the Provincial Health Officer. A communicable disease is an […]

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Watch the Webinar: Employment Contracts: What Canadian Employers Need to Know

On June 15, 2021, a national panel of speakers from Advocates for Employers of Canada (AEC) held an informative webinar for In-house counsel, human resources and labour relations professionals on the latest case law developments, practical tips, and strategies to address common contractual issues. Topics included: Termination provisions: is it possible to limit an employee’s […]

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Join us! We are hiring associates in Vancouver and Victoria

Looking to join one of BC’s leading labour and employment boutiques? Our strong growth has created an opening for up to two associates based in either our Vancouver or Victoria offices.  We also are open to remote working arrangements. Our firm’s partners are peer-reviewed in Lexpert as leading practitioners in their fields. This is a […]

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Employment Contracts: What Canadian Employers Need to Know – Webinar

Tuesday, June 15, 2021 Webinar Alert for In-house counsel, human resources and labour relations professionals. Employment agreements are one of the most effective tools employers have at their disposal, particularly when it comes to limiting termination costs and liability. However, contracts need to be precisely drafted to ensure they are binding, enforceable, and serve their […]

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Loss of Opportunity to Qualify and Work in Profession Results in Increased Damages

An articling student successfully appealed her award of damages from her wrongful dismissal action against a Vancouver law firm and was awarded an additional $100,000 for her lost opportunity to become a lawyer, plus $25,000 in punitive damages by the Court of Appeal in Ojanen v Acumen Law Corporation and Paul Doroshenko, 2021 BCCA 189. […]

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Sickness Benefits Available to BC Employees

With the ongoing COVID-19 pandemic, federal and provincial sickness benefits have been put in the spotlight. This article reviews the availability of various sickness benefits for employees in British Columbia, including eligibility and the obligations of both employees and employers in relation to each benefit. Please note that this article does not address an employer’s […]

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COVID and Discipline in the Workplace

As we approach the one-year anniversary of the COVID-19 pandemic, we are finally beginning to receive guidance from the courts and other decision makers with respect to disciplinary responses by employers to employees’ failure to take reasonable COVID safety precautions in the workplace.  Two recent arbitral awards out of Ontario, Garda Security Screening Inc. v […]

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Can Employers Mandate Employees to Be Vaccinated?

The global COVID-19 pandemic has challenged the modern world with extraordinary issues, from government-enforced shutdowns, to mass layoffs, to border closures, and more. The promise of an effective vaccine is fueling optimism but it is also giving rise to new issues as employers undoubtedly ask whether they can require employees to vaccinate. The answer isn’t […]

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PCM Lawyers is Delighted to have Jessica Thomson Join the Firm

Jessica Thomson brings significant management-side expertise to the firm. She provides strategic advice and representation for employers in unionized and non-unionized workplaces. Jessica is listed in the 2021 edition of Best Lawyers in Canada™ in the fields of Labour and Employment Law. A highly skilled advocate, she represents employers in all labour relations dispute resolution […]

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SCC Update – Payment of Incentive Bonuses During the Notice Period

On Friday, October 9, 2020 the Supreme Court of Canada released its decision on Matthews v Ocean Nutrition Canada Ltd.[1]  This decision was highly anticipated for its commentary on long-term incentive plan entitlements.   Case Summary   The appellant, David Matthews (“Matthews”) was employed by the respondent Ocean Nutrition Canada (“ONC”).  As part of his […]

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Refusing Unsafe Work in the COVID Era (British Columbia)

Employees have a right to refuse unsafe work, but can an employee refuse to work based on a risk of possible exposure to COVID-19? This article provides a general overview of the grounds for and process of refusing unsafe work in British Columbia, with specific considerations for work refusals made during the COVID-19 pandemic. When […]

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Transition from the Canada Emergency Response Benefit (CERB) to Employment Insurance (EI)

On August 20, 2020, the Government of Canada announced further details on their plan to transition from the Canada Emergency Response Benefit (CERB) to Employment Insurance (EI). To aid Canadians in this transition, CERB has been extended by an additional four weeks to a maximum of 28 weeks.  Additionally, changes are being made to the […]

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COVID-19 Emergency Layoff Variance

The BC Employment Standards Act restricts the circumstances when an employer can lawfully proceed with temporary layoffs, and prior to the COVID-19 pandemic, only permitted eligible employers to temporarily lay-off employees for up to 13 weeks in a period of 20 consecutive weeks. In May the duration of temporary layoffs for reasons related to COVID-19 […]

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July 2020 COVID-19 Update

As we move further into Phase 3 of British Columbia’s Restart Plan there have been some important changes in the COVID-19 labour and employment law landscape. Employment Standards Act The government of British Columbia has extended the temporary lay-off provisions under the Employment Standards Act to 24 weeks for employees laid-off due to COVID-19.  Prior […]

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COVID-19 Safety Plans

Phase 2 of the Government of British Columbia’s plan to re-open the province’s economy and businesses commenced May 19 and ended June 23.  Phase 3 commenced June 24, 2020. Businesses that decide to open or remain open must adhere to all public health orders issued by the Ministry of Health and follow guidelines from both […]

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Extended Temporary Layoffs due to COVID-19

To provide more flexibility to employers and employees wishing to extend a temporary layoff due to COVID-19, the government of British Columbia has amended the definition of temporary layoff in the Employment Standards Act to increase the maximum length of a temporary layoff to 16 weeks in a consecutive 20 weeks, rather than the usual […]

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Eight Pulver Crawford Munroe LLP Lawyers Recognized in the Canadian Legal Lexpert Directory

Congratulations to Susan Arnold, Dean Crawford, K.C., Pat Gallivan, QC, Marcia McNeil, Craig Munroe, Paul Pulver, Peter Sheen, and Marino Sveinson for being recognized by their peers and listed in the 2020 Edition of the Canadian Legal Lexpert Directory. Lexpert is a widely respected peer review publication in the legal profession. This recognition confirms Pulver […]

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COVID-19: Details on Canada’s Wage Subsidies

Updated April 24, 2020 Canada Emergency Wage Subsidy As part of Canada’s economic support for businesses and workers facing impacts from COVID-19, the federal government announced the Canada Emergency Wage Subsidy (CEWS).  The subsidy aims to help businesses avoid lay-offs and dismissals due to the COVID-19 pandemic by providing a significant wage subsidy to eligible […]

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Summary of Income Relief Programs offered by the Federal Government and the B.C. Provincial Government

This article provides a summary of already-established and newly announced programs by the federal and B.C. provincial governments that are available to workers who are experiencing negative impacts to their earnings as a result of the global COVID-19 pandemic.  Some of these programs described below require employers to apply in order for employees to be […]

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COVID-19 and Temporary Lay-off

  Updated April 24, 2020  Many businesses in British Columbia have seen slowdowns in business that have impacted their staffing needs. In some cases, the impact has put the viability of their business at risk. Many employers have, or are considering temporarily laying-off employees as a response to the slowdown in business. It is important […]

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Lawyers

At Pulver Crawford Munroe, our lawyers practice exclusively in labour and employment law. We know the players, we know the rules, and we have decades of practical experience. Our lawyers appear regularly before labour relations boards, human rights and employment standards tribunals, arbitration boards, and other administrative tribunals. We also have experience at all court levels, including the British Columbia and Federal trial and appellate courts, and the Supreme Court of Canada.

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F: (604) 682-6947

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T: (778) 433-1166

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