For the past nine years Linden has sold advertising space in a small but glossy magazine delivered quarterly, without charge, to homes and businesses throughout the Okanagan Valley. The magazine is owned by Jeremy and is called Lotusland Living ("LL"). Its articles focus on the lifestyles of prosperous local individuals, their homes, their home furnishings, where they go when dining out, how they "play", and any new business ventures they may be developing in the region. The advertising revenue generated for LL each year is roughly $1 million. Linden sells approximately $250,000 of that amount. He's good at his job, and he's nurtured friendly relationships with several advertisers who regularly purchase significant space in Jeremy's magazine. As a youth growing up in the region Linden developed a passion for water skiing on Okanagan Lake. Eighteen months ago he decided to create a newsletter for water enthusiasts, printed during the summer months, called "Wake Time". Linden pursued this venture entirely on his own time. The newsletter did, however, contain advertising, which Linden sold in order to cover the costs of printing and distribution. Several of the businesses that placed ads in Wake Time were also customers of LL to whom Linden sold ad space in that magazine as an employee of Jeremy. Linden did not sell ads in Wake Time during his work time at LL, but the advertisers knew him as an LL employee when he contacted them about buying ad space in Wake Time. Recently, Jeremy observed that some of the advertisers in LL for whom Linden was responsible had reduced their buys, after years of steady growth in their purchases. The decreases were quite modest, in the range of 1-2%, but Jeremy became concerned. When he contacted one of the advertisers to establish the reason for the decrease, he was told that the advertiser had diverted "a few dollars" to buy space in Wake Time. Jeremy had not previously been aware of Wake Time, as he was not a "water guy", but he became upset when the advertiser told him it was Linden who was operating the publication. When Jeremy confronted Linden with the information he had learned from the advertiser, Linden did not deny it, but he told Jeremy that Wake Time was merely a "hobby", and it made him no money. He also told Jeremy that the advertising revenue he obtained amounted to no more than $2500 annually, which just barely covered his costs, and the newsletter was distributed to but a few hundred "water" enthusiasts and businesses in the Valley. Jeremy remains upset. He wants to "fire" Linden, but before doing so he decides to seek your advice because you are a well-known HR consultant in Kelowna.

Please discuss at least three binding or persuasive decisions of courts or tribunals that would be relevant when considering the issues raised in this case. Preference should be given to decisions of the Supreme Court of Canada, or the courts and tribunals in the province of British Columbia. State why they are important for the purposes of assisting Jeremy to consider the legal risks involved in the decision he will have to make regarding Linden. o identify the specific legal issues that Jeremy needs to address in his decision regarding Linden, as well as the legal tests that courts and tribunals will apply in British Columbia in order to resolve them.

1. What is the legal issue?
2. What is the legal test to be applied?
3. How should the legal test be applied to the facts presented?
4. What is the most probable legal resolution of the case, having regard to the legal test, and its application to the facts presented?