This wrongful dismissal trial followed the summary trial decision that the plaintiff could bring a claim for wrongful dismissal. In the result, the plaintiff was awarded the equivalent of 12 months’ notice after less than two years employment. The plaintiff was also awarded $30,000 in aggravated damages.
In this case, Blair Curtis represented the plaintiff, who was awarded 16 months pay in lieu of notice for wrongful dismissal. The judge rejected the former employer’s arguments seeking deductions on account of contingency for future re-employment, and failure to mitigate. Blair’s client was found to be entitled to the full severance amount.
At trial, Martin won over $100,000 for his client as well as interest and Costs. On appeal, the Trial Judge’s finding on liability was upheld, though varied.
Blair Curtis represented Ms. Maxwell at the Court of Appeal. He succeeded in maintaining the severance award (over $330,000.00 including interest) he obtained for her at trial. The decision in this case clarified the law in British Columbia regarding the absence of a duty to mitigate in respect of certain written employment contracts.
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.
Martin successfully defended against an application to apportion the costs of the trial. The award was made on the basis that Martin had been the “substantially successful party” although he had not made out one of the heads of relief he had claimed. In the result, Martin’s client was awarded $17,000 in costs plus disbursements on the basis of success at trial.
To date Martin’s longest trial, this was a substantial success. Over seven days, Martin successfully resisted half a dozen allegations of just cause, established that in fact the plaintiff had been wrongfully dismissed, and successfully argued for an eight month notice period for a five-year employee.
Blair Curtis represented Ms. Maxwell, who was awarded severance of over $330,000.00 (including interest). The judge rejected the argument of the former employer that Ms. Maxwell should get nothing because she refused the government’s offer of another job.
Martin Sheard and David McWhinnie of this firm successfully resisted an appeal from an employer from a finding of constructive dismissal, and also successfully cross-appealed to include bonus entitlement as part of the calculation of damages.
Not only did Martin successfully uphold the Trial award in excess of $100,000, he also successfully counterclaimed for $32,500 in further damages. In addition, our client received interest and costs at both levels.
Martin argued the Trial himself, David McWhinnie was co-counsel on the appeal/cross-appeal.
In this trial, Martin established that his client was entitled to severance despite having been called a “contractor” during his engagement with the Defendant. Four months’ pay was awarded to an employee who had worked for about one month.
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.