E.P. v. SAP Canada

Blair Curtis and Kemily Ho worked together on this case to obtain a judgment for 12 months’ notice for Blair’s client, who was a 45 year old manager with just under 10 years of service. Kemily argued the case at the Summary Trial in B.C. Supreme Court.
Madam Justice Beames ruled that the employee was entitled to compensation for the following items on top of his base salary for his notice period: a pro-rata portion of an annual bonus; employer contributions through a stock option plan; and pension contributions.

The judge rejected the former employer’s argument that the employee had failed to mitigate his losses.

Read about the ruling: http://tevlingleadle.com/wp-content/uploads/2017/03/Prinsen-v-SAP-Canada-Inc.-VA-S160132-30-Nov-2016.pdf

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IAMAW District Lodge 140 v. Air Canada 06-23

TGC lawyer Kemily Ho succeeded on a judicial review of an arbitrator’s decision that a long-term Air Canada employee should be terminated for cause for taking discarded nuts from a first class cabin.

In setting aside the arbitrator’s decision, the Judge expressed “grave doubts” about the arbitrator’s assessment of the employee’s conduct and found that the decision “failed to address” basic questions such as whether the employee’s conduct was so serious as to justify termination after years of service.

TGC lawyers have experience dealing with termination for cause. If you are an employer or an employee dealing with such a situation then you can contact us here.

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S.D. vs Canada Shineray (Costs Decision)

Martin Sheard and Steven Barker were successful on a recent application for the costs of a trial for wrongful dismissal.

Martin and Steven successfully represented the plaintiff at trial and were now applying to Court for an order that the defendant, and its trial counsel, pay the plaintiff the costs of trial.

In the result, the Court ordered that the defendant had to pay costs on an elevated scale. This means that the costs that the defendant had to pay to the plaintiff were calculated on a scale that was higher than the scale normally used to calculate costs.

The Court found that: “the manner in which the defendant conducted this litigation turned a matter of ordinary difficulty into one of more than ordinary difficulty”.

The Court also ordered that the defendant’s trial counsel, who came from a different firm, should be personally liable for part of the defendant’s costs as he “caused costs to be incurred without reasonable cause through delay and neglect”. It is rare for the Court to award costs against counsel in this fashion.

If you believe that you have been wrongfully dismissed you should contact the experienced lawyers at TGC.

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S.D. v Canada Shineray

This case involved a rare award of wrongful dismissal, aggravated damages, and just cause allegations.

Steve Barker and Martin Sheard were successful counsel on the case.

The defence of just cause failed.

Aggravated damages are not commonly awarded in employment law cases. That being so, they were appropriate here and our client was most deserving.

The case also involved an argument for the invalidation of a termination clause due to its apparently pre-emptive circumvention of the Employment Standards Act and the Human Rights Code. This argument was not successful because in the court’s view the clause in question was intended to have narrow application, regardless of its broad wording.

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Maxwell v. British Columbia, 2014 BCCA 339 (CanLII)

Blair Curtis represented Ms. Maxwell at the Court of Appeal. He succeeded in maintaining the severance award (over $330,000.00 including interest) he obtained for her at trial. The decision in this case clarified the law in British Columbia regarding the absence of a duty to mitigate in respect of certain written employment contracts.

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