Court of Appeal Reverses Marchen

The BC Court of Appeal overturned the trial decision awarding $100,000 in punitive damages. This case concerned the assessment of damages for wrongful dismissal in a contract which expressly limits an employer’s obligation to employ to the availability of work, whether so-called consequential damages are available to a wrongfully dismissed employee and the relationship between … Continued

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Request for Address Information – Needed for Distribution

The actuaries conducting the distribution of the Western Star Pension Class Action settlement require additional information to locate those who are or may be entitled to receive a portion of the settlement funds. The first distribution has been made, but a number of cheques have not been delivered or cashed, presumably due to incorrect address … Continued

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First Distribution Update (September 24, 2009)

We are working with John Christie and Michael Demner, consulting actuaries, who have studied records available from various sources and have determined the appropriate step to take for the first distribution of settlement funds. We are pleased to announce that the first distribution of the settlement proceeds is now under way. The highlights of the … Continued

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Jamieson v. Finning International Inc.

On June 12, 2009, the BC Supreme Court awarded a 53 year old “Millyard Systems Manager” with slightly more than 20 years’ service, damages based on a 19 month notice period, with a one month deduction for the possibility of mitigation earnings, as the decision was handed down well in advance of the expiry of the notice period.

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Distribution Update (August 2009)

The actuaries appointed by TevlinGleadle (John Christie, Michael Demner) are close to making the first distribution of settlement funds. We are working with the actuaries and class representative Mr. Peter Gregg to update available information about current addresses, residency at the date of the Certification Order, and expect to be able to authorize release of … Continued

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Smith v. Centra

In this employment law (wrongful dismissal) matter we represented a founding shareholder and Vice President of a Corporation in the event of his dismissal and forced buy out from a profitable company. Many issues were raised in defence and the trial proceeded for 14 days in the BC Supreme Court. The main legal issues were … Continued

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Distribution Update (Spring 2009)

Work is underway leading to the eventual distribution of settlement funds. In late-November, 2008, TevlinGleadle appointed Canadian Western Bank (“CWB”) to act as trustee of the funds payable by Freightliner pursuant to the settlement. Freightliner paid the settlement funds to CWB in early December, 2008. TevlinGleadle has appointed Christie Consulting, a firm of consulting actuaries … Continued

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BC Supreme Court – $100,000 Punitive Damage Award

In Marchen v. Dams Ford Lincoln Sales Ltd. 2009 BCSC 400, the Honourable Mr. Justice Goepel of the British Columbia Supreme Court handed down a significant decision on March 26, 2009, involving employment law issues. The defendant car dealership dismissed an apprentice mechanic without alleging cause but because of an honestly held but completely unfounded … Continued

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