On August 2, 2011, the British Columbia Court of Appeal unanimously dismissed an appeal by an employer to have an employee’s pension benefits received during an appropriate notice period offset against wrongful dismissal damages for the same period.
In Systad v. Raymont Logistics Inc, a 65 year old Container Lift Operator, with no supervisory duties was awarded 18 months notice after 18 years service, in spite of the employer’s argument that 8 weeks’ notice was enough given his (allegedly) non-responsible job duties. The full text of the reasons for judgement are available here. … Continued
A 65 year old Container Lift Operator, with no supervisory duties was awarded 18 months notice after 18 years service, in spite of the employer’s argument that 8 weeks’ notice was enough given his (allegedly) non-responsible job duties.
Murray Tevlin and Martin Sheard of TevlinGleadle are representing Patrick Moore in a wrongful dismissal action against NextEnergy Geothermal Ltd., an Ontario energy company. The action was reported by Keith Fraser, business writer for The Province.
In Di Tomaso v. Crown Metal Packaging Canada LP, 2011 ONCA 469 (CanLII) the Ontario Court of Appeal upheld an award of 22 months for an unskilled worker. The Facts: The plaintiff had worked for over 33 years as a mechanic and pressman, roles which involved no supervisory or management role. He was 62 years … Continued
Aside from being a fairly straightforward case based on principles relevant to reasonable notice and mitigation, the case contains a useful analysis of the effect of termination clauses in a series of fixed term employment agreements, the requirement of consideration for an employer’s requirement that an employee agree to clauses during employment, and the basic principle that termination for lack of funding is no different for reasonable notice purposes than any other wrongful dismissal.
In Di Tomaso v. Crown Metal Packaging Canada LP, 2011 ONCA 469 (CanLII) the Ontario Court of Appeal upheld an award of 22 months for an unskilled worker.
Class counsel Murray Tevlin and Dan Gleadle, together with counsel for the BCMA, appeared before Justice McEwen in the BCSC on two recent occasions, and with the Court’s assistance we have worked out the following schedule: Plaintiff affidavit materials filed: July 15 Defendant affidavit filed: Sept 13 Plaintiff Argument/reply materials delivered: Oct 11 Defendant argument … Continued
The Lawyer’s Weekly, in its June 17 2011 issue, in an article written by Jeremy Hainsworth, comments on the recent victory by Mr. McCormick and his counsel Murray Tevlin of TevlinGleadle Employment Law Strategies.
On July 6th and 7th, 2011, Dan Gleadle, counsel for the representative claimants, and Jennifer Francis, counsel for Freightliner Ltd. appeared before the Honourable Madam Justice Ballance, the Case Management Judge, and made submissions regarding the scope of the distribution group. This hearing was required because 8 individuals who were not residents of BC at … Continued
I have known Blair Curtis for most of his legal career - for 12 years at least - and have received his excellent counsel on multiple occasions over that time. Blair always takes the time to provide a detailed explanation whenever needed or requested, yet remains extremely efficient in providing legal services. I have realized great benefits from his legal advice, and strongly recommend his services to anyone who needs an experienced and effective employment lawyer.