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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Pension Plan Expenses

In Kerry (Canada) Inc. v. DCA Employees Pension Committee the Supreme Court of Canada upheld the Ontario Court of Appeal’s 2007 decision. The case will be welcome to employers with pension plans, and serves to clarify the ground rules about use of pension funds to pay pension expenses and take contribution holidays.

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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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