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BC Court of Appeal clarifies employee’s duty to mitigate and necessary...
By Ryley Mennie In Pakozdi v. B & B Heavy Civil Construction Ltd., 2018 BCCA 23, the British Columbia Court of Appeal addressed the treatment of replacement income in the calculation of damages for...
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ONCA Affirms an Offer of Employment by the Purchaser of Business Assets to an...
By Monique Ronning In Krishnamoorthy v. Olympus Canada Inc., 2017 ONCA 873, the Ontario Court of Appeal confirmed that s. 9(1) of the Employment Standards Act, 2000 (the “Ontario ESA”), deems there to...
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BC Supreme Court Awards Aggravated Damages In The Absence of Medical Evidence
By Monique Ronning In the wrongful dismissal case, Ensign v. Price’s Alarm Systems, 2017 BCSC 2137, the British Columbia Supreme Court made an aggravated damages award in the absence of any medical...
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Employee’s secret recording of meetings with management contributes to...
By Donovan Plomp A recent decision from the Manitoba Court of Queen’s Bench supports that an employee’s use of his work phone to secretly record meetings with management may support an employer’s...
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British Columbia Supreme Court rules on reasonable notice when an employee is...
By Monique Ronning In Buchanan v. Introjunction Ltd., 2017 BCSC 1002, the Court considered a case where the employer terminated the plaintiff’s employment before he commenced work. The Court rejected...
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Supreme Court of Canada upholds dismissal of employee for failing to disclose...
By Christopher McHardy In Stewart v. Elk Valley Coal Corp., 2017 SCC 30, the Supreme Court of Canada recently reaffirmed the two-part test for discrimination in the workplace. Centered on the...
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Fishing for Notice: British Columbia Supreme Court addresses inducement and...
By Monique Ronning In a recent BC Supreme Court decision, Sollows v. Albion Fisheries Ltd., the court clarified what qualifies as inducement in the context of a reasonable notice period assessment....
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Dependent contractor receives 12 months pay in lieu of notice
By Christopher McHardy The recent Supreme Court decision of Glimhagen v. GWR Resources Inc., 2017 BCSC 761, illustrates how an independent contractor can become a dependent contractor – an intermediate...
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Can an employment agreement executed after the employee starts work be...
By Donovan Plomp Julia Wood received an offer for employment from Fred Deeley Imports (“Deeley”) on April 17, 2007. Wood accepted the offer during the phone call, and later received an email from...
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While there may be damages for employee’s lack of resignation notice, there...
By Ryley Mennie A 2016 decision of the BC Court of Appeal is a good reminder to BC employers of the purpose of an employee’s obligation to provide reasonable notice of resignation and, if breached,...
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BC Supreme Court clarifies law regarding employment probation
By Laura DeVries The British Columbia Supreme Court recently addressed key issues regarding probationary periods in employment contracts. Background In Ly v. British Columbia (Interior Health...
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The Alberta Court of Appeal offers further guidance on the principle of good...
By Christopher McHardy Click here to view our colleagues’ posts titled “Incentive Plans in Alberta can still Limit Entitlements to ‘Actively Employed’ Employees” and “The Alberta Court of Appeal...
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Make Whole Remedies and Good Faith Crucial to Mitigation
By Ryley Mennie A recent decision of the BC Court of Appeal provides a cautionary tale for BC employers seeking to remedy a potential wrongful dismissal. In Fredrickson v. Newtech Dental Laboratory...
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SCC Grants Leave to Appeal on Canada Labour Code Without Cause Dismissal
By Kirsten Hume Our colleagues in Ontario recently posted here on the case of Wilson v. Atomic Energy of Canada Limited,where the Federal Court of Appeal held that non-unionized employees in the...
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Context is Key: New Trial for Dismissed CIBC Employee
By Ryley Mennie Previously, we posted here on the case of the CIBC employee who had been dismissed for using her personal account to complete a wire transfer for a client in Ogden v CIBC. The initial...
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Delinquency Gone Viral: Addressing Employee Misconduct
By Laura DeVries The appeal (and risk) of social media is the speed of communication and the ease of wide-spread distribution by recipients. We have moved well past Andy Warhol’s 15 minutes of fame to...
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Maternity leave was no reason to reduce bonus
By Laura DeVries Employment agreement interpreted in light of statutory right to maternity leave The recent decision of the B.C. Supreme Court in Sowden v. Manulife Canada Ltd. is noteworthy for its...
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‘Unlike’ – Social Media Gaffes Not Cause To Dismiss Communications Manager
By Christopher McHardy Lack of Warnings about inappropriate online posts was fatal to employer’s case As more people use social media to communicate in and out of the office, social media posts by...
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Court of Appeal Affirms Employee Has No Duty to Mitigate Contractual Severance
Dismissed employee was entitled to full contractual severance notwithstanding her failure to mitigate By Donovan Plomp Many employers attempt to define an employee’s right to compensation upon...
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Rare Costs Award at BC Human Rights Tribunal for Improper Conduct
By Ryley Mennie Despite an employer’s legitimate basis for terminating an employee’s employment, it will often find itself a respondent to a human rights complaint following termination. The costs for...
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