Province Article – Former B.C. College of Teachers employee can keep $271,000 severance payment

Former B.C. College of Teachers employee can keep $271,000 severance payment   Appeal court says B.C. government assumed obligations of defunct body   BY KEITH FRASER, THE PROVINCE – SEPTEMBER 4, 2014         A former employee of the defunct B.C. College of Teachers will get to keep $271,000 in severance payments awarded … Continued

Continue Reading

TevlinGleadle’s Blair Curtis wins Maxwell Appeal

Blair Curtis of TevlinGleadle Employment Law successfully represented Ms. Beverley Maxwell last year in a summary trial hearing before Mr. Justice Skolrood of the British Columbia Supreme Court.  Justice Skolrood  granted judgment of substantial damages to Ms. Maxwell in her wrongful dismissal claim against the B.C. Government. The B.C. Government appealed the wrongful dismissal award, … Continued

Continue Reading

Mondaq publishes case comment on Kong Case where Baptist Church fails in its attempt to stop wrongful dismissal action by ex-Pastor Kong

Mondaq publishes McCarthy Tetreault case comment on BC Supreme Court Reasons for Judgement in Kong v Baptish Church where TevlinGleadle’s David McWhinnie and Sean Tevlin successfully argued that a pastor should be able to proceed with a claim for wrongful dismissal damages against his former church. The article is available here.

Continue Reading

TevlinGleadle’s David McWhinnie obtains court decision – Pastor can proceed with wrongful dismissal claim against former Church

This case concerns a claim for wrongful dismissal brought by a pastor against his former church. In his claim the pastor seeks, amongst other relief, compensation in lieu of reasonable notice after being terminated from his job. The defendant church applied to summarily dismiss the pastor’s claim on the basis that he should not be … Continued

Continue Reading

Lawyers Weekly Article on dismissal of McCormick Appeal

The Supreme Court of Canada has rendered its decision in the case of McCormick v Fasken. cite 2014 SCC 39 The Court agreed with the appellant that the British Columbia Court of Appeal was incorrect in relying exclusively on partnership law in its analysis. It was determined that the test for who has the benefit … Continued

Continue Reading

McCormick v. Fasken’s Webcast Now Available for Viewing

The Supreme Court of Canada has now archived its webcast of the proceedings in this important appeal involving issues of cental importance to the scope of human rights legislation in Canada. The case involves age discrimination against a law partner in a large Canadian law firm, but the issues involve the right of persons to … Continued

Continue Reading

Supreme Court of Canada publishes link to live Webcast of McCormick Appeal

The Supreme Court of Canada has published on its website key information about this upcoming case. Case Summary Human Rights — Employment relationship — Partnerships — Court of Appeal holding that a partnership should not be treated as the employer of a partner for purposes of human rights legislation — Whether a substantive analysis of … Continued

Continue Reading

TevlinGleadle’s Blair Curtis Succeeds in Action against BC Government for Wrongful Dismissal Damages

Blair Curtis of Tevlin Gleadle successfully represented Ms. Beverley Maxwell in a summary trial hearing before Mr. Justice Skolrood of the British Columbia Supreme Court to decide her wrongful dismissal claim against the B.C. Government. The full text of the judgment is available here. Ms. Maxwell, who is 60 years old, had been a long … Continued

Continue Reading

J.P. v. Dominion Masonry Ltd., 2013 BCCA 184

Martin Sheard argued this important employment law matter both at trial and in the Court of Appeal J.P. v. Dominion Masonry Ltd., 2013 BCCA 184 (Groberman, MacKenzie, Harris JJ.A.).  He was successful in both courts. David McWhinnie of our office also appeared in the appeal. Opposing counsel was a partner at a national law firm. In … Continued

Continue Reading

J.P. v. Jakin Engineering & Construction Ltd., 2012 BCSC 2066

Martin Sheard was successful counsel on this case. The full Reasons for Judgment are available online. The parties attempted to define the plaintiff’s position as a contractor to the defendant (as distinct from employee). On that basis, the Defendant argued at trial that it was not liable for damages for dismissal. Greyell, J. found that … Continued

Continue Reading