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LAWYER DESCRIPTION

Mike Weiler has more than 35 years experience in the ever evolving world of employment, labour and human rights law. And experience in this area is critical to protect our clients—this is where law is not just a science but most often an art. Judgment is critical for our clients and that is what we bring to the table based on our years of experience. This means first and foremost knowing the law—keeping updated and current. Experience also means knowing the players in the game and their processes—the LRB, the Employment Standards branch, WorkSafeBC, the courts etc. It means not only seeing the immediate problem and potential solutions but also being aware where actions taken now might lead.

Mike often counsels “When you throw a rock in the pond you cannot simply look at the splash zone—you must anticipate and consider the ripples.” It is important to not only help you out of the problems you now face but help you anticipate and respond to the problems you will encounter.

Experience means your lawyer appears regularly before arbitrators, the B.C. Labour Relations Board, the Canada Industrial Relations Board, the B.C. and federal Employment Standards Branch and Tribunals, the federal and provincial Human Rights Tribunals and commissions, WorkSafeBC and the WCAT as well as appearing before the BC Supreme Court and the Court of Appeal.

  • York University, Osgoode Hall Law School
    Bachelor of Laws, LLB, 1976
  • University of Toronto
    B.A. (Honours), Philosophy, 1973


Community Involvement:

  • Labour Law Section, Canadian Bar Association
  • Policy Review Committee, BC Chamber of Commerce
  • Employers Forum
  • Greater Langley Chamber of Commerce
  • Law Society of British Columbia

Pro Bono Activities:

  • Member of Access Pro Bono’s Lawyer Referral Service

Bar Admission:

  • British Columbia, 1977

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MICHAEL J. WEILER
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Successful Cases

Date
Practise Area
Lawyer
Description
3.3.2020
Human Rights
CHRIS DRINOVZ
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Our client was injured in a helicopter crash at work. The employer then terminated her employment while she was on medical leave and WorkSafeBC benefits. Our client filed a complaint under the Human Rights Code and the employer applied to dismiss the complaint under s. 27(1)(c) of the Code. We resited the application to dismiss and it was denied as the employer was unsuccessful in showing that the complaint had no reasonable prospect of success. Importantly, the tribunal found that “determinations made by WorkSafeBC abour whether an employee can return to a pre-injury job are not based on a human rights analysis of whether an employer has fulfilled its duty to accommodate.”
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1.21.2020
Commercial, Insurance & Criminal
CHRIS DRINOVZ
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Chris was co-counsel for the defendant in a case where the plaintiff claimed that the defendant intentionally ran him over with her vehicle. After a six day trial, the Court dismissed the plaintiff’s claims for aggravated and punitive damages and found the plaintiff was in fact 50% responsible for the incident.
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11.19.2019
WorkSafeBC Compensation
CHRIS DRINOVZ
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Judicial review – Workers Compensation Board accepted our client’s claim for a back injury sustained on a first day on the job with her new employer. In setting her long-term wage rate, WCB found her to be a ‘temporary’ worker. We argued for our client that her employment was permanent. WCAT dismissed our claim and affirmed the initial WCB decision. We petitioned the BC Supreme Court, and the Court found the WCAT decision was patently unreasonable as it failed to make findings about the words of our client’s oral employment contract. This judicial review presented an interesting intersection of employment law, workers compensation law, and administrative law. Read Chris’ blog post about this case here.
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9.20.2019
Employment Insurance & CPP
CHRIS DRINOVZ
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Chris’ client was denied Employment Insurance benefits after the Commission determined that she had left her job voluntarily. We appealed to the Social Security Tribunal and successfully argued that our client was in fact terminated from employment and therefore she was entitled to EI benefits. She received a retroactive payment and ongoing support during her search for new employment.
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MICHAEL J. WEILER

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Disclaimer: the information you obtain at this site is not, nor is it intended to be, legal advice. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create a lawyer-client relationship. Please do not send any confidential information to us until such time as a lawyer-client relationship has been established. By checking this box you agree to receive communications from KSW Lawyers, which may include quarterly email Newsletters containing legal updates (may easily unsubscribe at any time).

*By clicking submit you agree you have read our Privacy Policy and Disclaimer
Disclaimer: the information you obtain at this site is not, nor is it intended to be, legal advice. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create a lawyer-client relationship. Please do not send any confidential information to us until such time as a lawyer-client relationship has been established. By checking this box you agree to receive communications from KSW Lawyers, which may include quarterly email Newsletters containing legal updates (may easily unsubscribe at any time).

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Personal Wrongful Dismissal & Terminations
Employment Standards
Information and Privacy
Discrimination & Harassment
Employment Contracts & Policies
Information & Privacy
Employment Human Rights
Dismissals & Termination Planning
Labour Relations and Unions