Difference between pages "Employment Law Glossary (9:App A)" and "Introduction to Creditors' Remedies (10:I)"

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{{REVIEWED LSLAP | date= June 28, 2019}}
{{REVIEWED LSLAP | date= August 10, 2020}}
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'''Aggravated damages'''
There are legal remedies available to creditors to enforce a debt, but the related procedures are frequently time-consuming and potentially costly, and there is no guarantee that the creditor will actually receive all of the funds owed.  The most important reason for starting civil proceedings to collect a debt is to permit the creditor to execute on their judgment.  Such execution proceedings may include:
*In the context of wrongful dismissal: damages awarded as compensation for an employee’s reasonably foreseeable loss or harm that occurred due to the manner of their dismissal; generally awarded as compensation for psychological harm caused by the manner in which the employee was terminated from their employment.  
#examinations in aid of execution (to determine the debtor’s ability to pay the debt);
#subpoena to debtor hearing (to obtain a court order compelling the debtor to make payments on the judgment);
#garnishment (to compel third parties, such as banks and employers, to pay funds into court to the credit of the judgment rather than pay those funds to the debtor. See “Garnishment” at page 12); and
#collection by execution (to lodge a writ of execution with the bailiff who will then seize and sell the debtor’s assets and pay proceeds to the credit of the judgment).
A judgment may also be filed on the title of real property owned by the debtor and will remain on the title of that property for two years unless it is renewed, discharged (by the debt being paid or bankruptcy), or the creditor commences proceedings to sell the property and apply the proceeds of the sale against the debt.
Depending on the amount claimed, the matter will fall under the jurisdiction of the Civil Resolution Tribunal (under $5,000), Small Claims Court ($5,001 to $35,000) or the Supreme Court of British Columbia (above $35,000).
Most of this chapter relates to the Supreme Court of British Columbia process. However, similar principles apply to Small Claims Court.
The Small Claims Court provides a detailed guide for creditors on enforcement procedures available under the Small Claims Court processes. See: https://www2.gov.bc.ca/gov/content/justice/courthouse-services/small-claims/how-to-guides/getting-results.
Finally, the Civil Resolutions Tribunal is designed for self-represented litigants and has rules generally preventing legal professionals from representing litigants in tribunal claims. Therefore, LSLAP rarely represents clients with Civil Resolution Tribunal claims


'''Bad Faith'''
*If an employer dismisses a person in a harsh or vindictive manner, for example by purposely humiliating the employee or by taking some other action that might mentally harm the employee, they may have dismissed the employee in a bad faith manner, and the employee may be entitled to aggravated damages.
'''Constructive Dismissal''' 
*A unilateral change by an employer to a fundamental term of an employee’s contract (such as pay or job duties).  The change must not be condoned, and must be significant.  The employee might claim this change is a constructive dismissal (or equivalent to a dismissal because of the significance of the change), even though there has been no express act of dismissal on the part of the employer.
'''Contract'''
*An agreement between persons which obliges each party to do or not do certain things.
'''Dismissal'''
*An employer's decision to terminate a contract of employment.
'''Employment at Will'''
*An employment contract during which the employer may terminate the employment at any time.  This is an American concept, as this type of employment does not legally exist in BC (or anywhere in Canada): if the employment contract purports to allow the employer to terminate the employee without notice, it is invalid and the employee may be able to obtain a severance award.
'''Just Cause'''
*Misconduct by an employee, or some other event relevant to the employee, which justifies the immediate termination of the employment contract. Note that this phrase has a different meaning in the context of Employment Insurance.
'''Mitigation of Damages'''
*The obligation upon a person who sues another for damages, to minimize - or mitigate - those damages, as far as reasonable.
'''Non-competition Agreement'''
*A contract or a clause in a contract in which an employee agrees not to compete against their employer. These are often found to be invalid in court, particularly if a non-solicitation agreement would have sufficed to protect the employer’s interests. 
'''Non-solicitation Agreement'''
*A contract or a clause in a contract in which an employee agrees not to solicit customers of the employer.
'''Reasonable Notice'''
*Employers must give an employee reasonable notice that their employment is to be terminated without cause, or payment of their usual salary and benefits in lieu of notice. The length of time that constitutes reasonable notice varies based on the employee’s age, length of service to the employer, and employment responsibilities, and the availability of alternate employment. The reasonable notice period can be up to approximately two years.
'''Restrictive Covenant'''
*A contract in which a party agrees to be restricted in some regards as to future conduct. There are two common types: non-competition agreements and non-solicitation agreements.
'''Severance Pay'''
*An amount of money an employer owes to an employee in lieu of notice of the employee’s termination.
'''Sick Leave'''
*Time off from work, paid or unpaid, on account of an employee's temporary inability to perform duties because of sickness or disability.
'''Union'''
*A defined group of employees formed for the purposes of representing those employees with the employer as to the terms of a collective contract of employment.
'''Workers' Compensation'''
*A public benefit scheme in which qualified workers who are injured in the workplace, receive compensation, commensurate with their degree of injury, regardless of who was at fault.
'''Wrongful Dismissal'''
*The failure to provide reasonable notice of the termination of an employment contract.  Wrongful dismissal is a term that can apply to cases when an employer doesn’t provide enough notice or severance in the case of a without cause dismissal, or when an employer fires an employee without any notice or severance in the case of a just cause termination. 
{{REVIEWED LSLAP | date= June 28, 2019}}
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Revision as of 23:59, 20 September 2020

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on August 10, 2020.
LSLAP Manual
LSLAP Manual
This page is from the
Law Students' Legal
Advice Program Manual.
See the full contents.
LSLAP Manual
Introduction
Chapters
10. Creditors and Debtors
 · I. Introduction

 · II. Governing Legislation and Resources
 · III. Creditors' Remedies
 · IV. Debtors' Options
 · V. Dealing with Debt
 · Appendix A: Relevant Forms

 · Appendix B: Examination Checklist
v • d • e



There are legal remedies available to creditors to enforce a debt, but the related procedures are frequently time-consuming and potentially costly, and there is no guarantee that the creditor will actually receive all of the funds owed. The most important reason for starting civil proceedings to collect a debt is to permit the creditor to execute on their judgment. Such execution proceedings may include:

  1. examinations in aid of execution (to determine the debtor’s ability to pay the debt);
  2. subpoena to debtor hearing (to obtain a court order compelling the debtor to make payments on the judgment);
  3. garnishment (to compel third parties, such as banks and employers, to pay funds into court to the credit of the judgment rather than pay those funds to the debtor. See “Garnishment” at page 12); and
  4. collection by execution (to lodge a writ of execution with the bailiff who will then seize and sell the debtor’s assets and pay proceeds to the credit of the judgment).

A judgment may also be filed on the title of real property owned by the debtor and will remain on the title of that property for two years unless it is renewed, discharged (by the debt being paid or bankruptcy), or the creditor commences proceedings to sell the property and apply the proceeds of the sale against the debt. Depending on the amount claimed, the matter will fall under the jurisdiction of the Civil Resolution Tribunal (under $5,000), Small Claims Court ($5,001 to $35,000) or the Supreme Court of British Columbia (above $35,000). Most of this chapter relates to the Supreme Court of British Columbia process. However, similar principles apply to Small Claims Court. The Small Claims Court provides a detailed guide for creditors on enforcement procedures available under the Small Claims Court processes. See: https://www2.gov.bc.ca/gov/content/justice/courthouse-services/small-claims/how-to-guides/getting-results. Finally, the Civil Resolutions Tribunal is designed for self-represented litigants and has rules generally preventing legal professionals from representing litigants in tribunal claims. Therefore, LSLAP rarely represents clients with Civil Resolution Tribunal claims

v • d • e
 
Chapters 8-14
Employment Insurance  · Employment Law  · Creditors and Debtors  · Consumer Protection  · Auto Insurance (ICBC)  · Motor Vehicle Law  · Mental Health Law
Chapter Eight:
Employment Insurance
Chapter Nine:
Employment Law
Chapter Ten:
Creditors' Remedies and Debtors' Assistance
Chapter Eleven:
Consumer Protection
Chapter Twelve:
Auto Insurance (ICBC)
Chapter Thirteen:
Motor Vehicle Law
Chapter Fourteen:
Mental Health Law
© Copyright 2023, The Greater Vancouver Law Students' Legal Advice Society.


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