Martin Sheard argued this important employment law matter both at trialand in the Court of Appeal J.P. v. Dominion Masonry Ltd., 2013 BCCA 184 (Groberman, MacKenzie, Harris JJ.A.). He was successful in both courts. David McWhinnie of our office also appeared in the appeal. Opposing counsel was a partner at a national law firm.
Martin Sheard was successful counsel on this case. The full Reasons for Judgment are available online. The parties attempted to define the plaintiff’s position as a contractor to the defendant (as distinct from employee). On that basis, the Defendant argued at trial that it was not liable for damages for dismissal. Greyell, J. found that … Continued
The Supreme Court of Canada has granted Leave in our client’s dispute with his former firm, from which he was forced to resign due to his age of 65 years, although an excellent and productive lawyer on all of the evidence. The Supreme Court of Canada must be selective in deciding which cases are of … Continued
We have received the Judgment of the BC Supreme court which refused to certify the BCMA Class Action. The BCMA successfully argued that the BCMA is in the legal position of a Trade Union, and the agreements between the Government and BCMA allow the BCMA to impose mandatory dues, analogous to Union Dues. They are … Continued
Settlement funds and have now been completely distributed by ordinary mail to the persons identified in the Order approving the Settlement of the class proceeding. Our work on behalf of the class is therefore concluded.
The BC Supreme Court approved settlement of the Catalyst benefit rollback class action. The recent CCAA proceedings initiated by Catalyst created a situation where the class proceeding was uneconomic to continue, and the amount recovered in the settlement was only slightly more than each class member could have achieved in the bankruptcy. A copy of … Continued
Martin Sheard was successful counsel on this case. Find the full Reasons for Judgment here. $106,250 in damages were awarded to Mr. Piron, as well as interest and costs. Our client was a senior supervisor in a masonry company employing roughly 100 people. He had negotiated bonuses in the past based on the value … Continued
We thank you for the many inquiries about this matter and this is an update. Unfortunately we have had no word from the Court on the outcome of this matter. There are no rules governing timing of judicial response. TevlinGleadle argued the Certification Application in the BCSC in November, 2011. The Judge reserved his judgment … Continued
Catalyst and Darryl Somerville, class representative, have settled the class action for the all-inclusive sum of $69,014, subject to court approval. This is a substantially smaller sum than was sought in the class proceeding, but the maximum amount that TevlinGleadle was able to negotiate in the circumstances, where the Company has successfully completed its reorganization … Continued
TevlinGleadle’s Murray Tevlin and John Chesko appeared for the B.C. Anesthesiologists Society seeking Intervenor status in the action between the B.C. Government and others, and Cambie Surgeries Corporation and others. The application was opposed by the B.C. Government. The action is one between several patients, and surgical clinics, and the Government over the issue whether … Continued
I wouldn't hesitate to recommend Tevlin Gleadle Curtis for any legal issues related with employment law. When two co-workers and I were wrongfully dismissed, we consulted and retained this firm. We received quick and courteous help and eventually settled out of court after we had finally received reasonable severance offers from our former employer. If not for Tevlin Gleadle Curtis, we would have only received about a quarter of the settlement we were entitled to.