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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Nicholls v. Columbia Taping Tools Ltd., 2014 BCSC 1428

Martin successfully defended against an application to apportion the costs of the trial. The award was made on the basis that Martin had been the “substantially successful party” although he had not made out one of the heads of relief he had claimed. In the result, Martin’s client was awarded $17,000 in costs plus disbursements on the basis of success at trial.

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Nicholls v. Columbia Taping Tools Ltd., 2013 BCSC 2201

To date Martin’s longest trial, this was a substantial success. Over seven days, Martin successfully resisted half a dozen allegations of just cause, established that in fact the plaintiff had been wrongfully dismissed, and successfully argued for an eight month notice period for a five-year employee.

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