This case arises from the breakdown in relations among a group of physicians, the plaintiff, Dr. Sonya Kashyap, and the defendants Dr. Abraham Albert Yuzpe, Dr. Elizabeth Taylor and Dr. Jason Hitkari, who practiced reproductive medicine together in the City of Vancouver.
Blair represented our client, Mr. Corey, in BC Supreme Court and obtained an award of 8 months of pay in lieu of notice. The Court rejected the employer’s position that 3 months was sufficient in light of our client’s short service.
Our client was 57 years old at the time of his dismissal and had worked for the employer for 2.5 years in a supervisory (first tier of management) role. The employer’s argument that any notice award our client received from the Court should be reduced for the possibility that he would find a job after the trial (a “contingency” reduction) was also rejected by the Court. The Court considered the employer’s argument – based on government statistics of unemployment rates – that our client was no worse off in the job market at age 57 than a younger person would be; however, Blair’s “cogent” arguments against the application of such statistics convinced the Court otherwise.
In the result, Blair obtained for our client an 8-month award comprised of: salary, expected overtime pay, employer pension contributions, medical expenses, interest, and costs.
This case involved a rare award of wrongful dismissal, aggravated damages, and just cause allegations.
Steve Barker and Martin Sheard were successful counsel on the case.
The defence of just cause failed.
Aggravated damages are not commonly awarded in employment law cases. That being so, they were appropriate here and our client was most deserving.
The case also involved an argument for the invalidation of a termination clause due to its apparently pre-emptive circumvention of the Employment Standards Act and the Human Rights Code. This argument was not successful because in the court’s view the clause in question was intended to have narrow application, regardless of its broad wording.
This was a summary trial on an unusual issue: whether a pastor could be considered an employee. The Court agreed that the plaintiff should be able to bring a claim for wrongful dismissal against his church.
Tevlin Gleadle Curtis provided expert employment law counsel in an efficient, helpful manner. I received invaluable advice that I am optimistic will result in a favourable settlement. I wouldn't hesitate to recommend their services and will definitely contact them in the future if needed for wrongful dismissal advice.