Does a past practice of granting consent benefits result in an accrued right to the benefits?

British Columbia, Canada


The following excerpt is from Patrick et al v. Telus Communications Inc., 2006 BCSC 854 (CanLII):

No cases were submitted in which a court held that a past practice of granting consent benefits had resulted in an accrued right to those benefits or otherwise binding the employer to continue granting consent in the future. Mair v. Stelco Inc., supra, is authority only for the proposition that past practice may indicate or limit the manner in which discretion must be exercised; past practice does not dictate the result.

Other Questions


Can an employer be bound by their past practice of granting consent benefits? (British Columbia, Canada)
Is a grant of an easement prima facie also grant such ancillary rights as necessary to its exercise or enjoyment? (British Columbia, Canada)
In what circumstances will the Respondent at the Human Rights Tribunal of B.C. claim that the Applicant be denied the right to continue to pursue his human rights claim? (British Columbia, Canada)
When a grant is valid but not specific about what may be constructed, even if the grant does not specify what can be built on the land, does the grantee have to be an excessive user? (British Columbia, Canada)
What factors will the court consider in deciding whether or not to grant joint parenting rights to one of the children? (British Columbia, Canada)
Does a joint tenant who takes the entire benefit of real property through survivorship must take the burden associated with the benefit? (British Columbia, Canada)
What is the test for granting leave and license to sublet an apartment without the landlord's consent? (British Columbia, Canada)
Is a statutory right of way an absolute right? (British Columbia, Canada)
Can a long-established and invariable practice of chiropractor practice be changed if the environment in which it exists changes? (British Columbia, Canada)
What are the respective rights of the parties when an easement holder asserts a right to fence lands owned by a servient property? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.