The Honourable Justice Kelleher, who has been assigned by the Supreme Court to the Catalyst class action, at a Case Planning Conference, directed today that the certification hearing in this matter will be heard on February 14 and 15, 2011. This was the earliest time available to the court, which would permit the parties to … Continued
We have had a number of questions about the legal costs to individuals should they decide to participate in the class action once certified. We have entered into a Contingency Fee Agreement with the representative payment that requires class members to pay legal fees ONLY in the event of a successful recovery in the action. … Continued
We have learned that Catalyst has recently made written offers to employees to attempt to settle the claims we have made in this proposed class action. It is interesting that Catalyst made no attempt to settle any of these claims during the period of time we were waiting for the Court to appoint a judge … Continued
The Honourable Madam Justice Loo of the British Columbia Supreme Court recently dismissed a defence of just cause in a wrongful dismissal case, with a comprehensive and thoughtful analysis of recent leading cases which guide the court on subjects including just cause, fiduciary duty of employees, incompetence, conflict of interest, insubordination, condonation, conflict of interest, … Continued
Merrill Lynch Canada Inc. v. Soost 2010 ABCA 251 – August 2010 This is a must read – entertaining – and important Alberta Court of Appeal employment law decision facing the question whether damages can be awarded for the mere fact of an employees wrongful dismissal and the stigma attaching thereto. At trial a stock … Continued
Madam Justice Linda Loo of the British Columbia Supreme Court has handed down reasons for judgment in Nishina v. Azuma Foods (Canada) Co., Ltd. which are an important interpretation of recent decision of the Supreme Court of Canada.
Class counsel attended the Vancouver Courthouse on the morning of July 15, 2010 and addressed submissions to the Honourable Madam Justice Ballance regarding process which should be followed to determine the entitlement of persons who are not currently class members, to share in the settlement proceeds. The court directed that counsel provide written submissions by … Continued
Class counsel attended the Vancouver Courthouse on the morning of June 15, 2010 to appear before the Honourable Madam Justice Ballance, and to obtain directions as to the process which should be followed to determine the entitlement of persons who are not currently class members, to share in the settlement proceeds. Unfortunately, due to a … Continued
In connection with the distribution of settlement funds, certain individuals have indicated either to TevlinGleadle, Faskens, solicitors for Freightliner, or the actuaries who are handling the distribution that they feel entitled to share in the distribution, even though they are not currently class members. As we understand it, there are currently 14 individuals who have … Continued
We acted for the defendants in a “departing employees” dispute. This involved a situation where former employees began a new business that was alleged to be in contravention of obligations to their ex-employer. The former employer alleged that the ex-employees (who were unionized employees) and their fledgling company were using and benefitting from confidential information … 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.