Our Cases
Wrongful Dismissal
Chapple v. Umberto Management Ltd.
Successful judgment on behalf of employee (upheld on
appeal)
where employer alleged employee had been suspended as a
disciplinary measure and then abandoned her position. The
court rejected all claims by the employer and found the
employee had been terminated. Obtained a 15 month award
(including gratuities) for a 37 year old restaurant manager
with 13.5 years service.
Common et al v. Superpages
Successful judgment on behalf of three employees who were
each 42 or 43 years old, in similar positions, each with
approximately 24 years service for the employer. Obtained a
15 month notice award for each employee, including damages
for overtime pay, anticipated wage increases and bonuses.
Jackson v. SNC Lavalin
Successful judgment on behalf of employee where employer
provided inadequate severance. Obtained a 12 month award for
a 53 year old secretary with 15 years service.
Mangal v. Cdn Blood Services
Successful judgment on behalf of employee for retroactive
salary increase and breach of contract. Obtained retroactive
salary increase to 1998 and an 8 month award for a 50 year
old haematologist with 4 years service.
Leung v. MDSI
Successful judgment on behalf of employee where employer
offered inadequate salary continuance. Obtained a 10 month
award for a 44 year old computer engineer with 5 years
service.
Winterburn v. Domtar
Successful judgment on behalf of employee where employer
offered inadequate severance pay. Obtained a 10 month award
for a 36 year old chemical engineer with 2½ years service.
Bachynski v. DC Diagnosticare
Successful judgment on behalf of employee where employer
gave inadequate severance pay. Obtained a 24 month award for
a 61 year old radiologist with 10 years service. 24 months
is the maximum award provided by courts in wrongful
dismissal cases.
Wijesinghe v. Landel Controls Ltd.
Successful judgment on behalf of 33 year old technical sales
representative employee with 17 months service. The court
ruled that the 3 week notice provision in the contract was
void and awarded 6 months notice. .
Termination for Cause
Mercier v. Trans Globe Travel
Successful judgment on behalf of employee where employer alleged cause. Obtained a 5 month award for a 57 year old travel agency manager with 2 years service.
Panton v. Everywoman's Health Centre Society
Successful judgment on behalf of employee where employer alleged cause (won on appeal). Obtained an 8 month award for a 40 year old clinical administrator with 9 years service.
Re Lucas
Successful defence on behalf of employer where employee was terminated for cause.
Rieta v. North American Air Travel
Successful judgment on behalf of employee where employer alleged cause (upheld on appeal). Obtained a 6 month award for a claims examiner with 3 years service.
Petit v. I.C.B.C.
Successful judgment on behalf of employee where employer alleged cause. Obtained a 24 month award for a 60 year old claims adjuster manager with 18 years service.
Human Rights
Brown v. PML Professional Mechanical Ltd.
Successful human rights complaint on behalf of employee. The
employer was found to have discriminated against the
complainant in demoting her when she returned to work after
a maternity leave.
Savage v. 984239 N.W.T. Ltd.
Successful human rights complaint on behalf of employee for
sexual harassment complaint. Obtained the largest award in
the NWT jurisdiction for damages for injury to dignity under
the NWT Human Rights Act. The individual respondents were
also ordered to pay punitive damages.
Krickemeyer v. K-Line Trailers and Knight
Acted for employer and successfully defended a human rights
complaint.
Constructive Dismissal
Pourdad v. Black Top Cabs
Successful defence on behalf of employer where employee alleged constructive dismissal.
Fiduciary Duty
Restauronics v. Nicolas
Successful defence on behalf of employee where employer alleged breach of fiduciary duty and duty of good faith.
Employment Insurance
Noel Buckley and an Appeal to an Umpire
Successful appeal on behalf of the claimant for employment
insurance benefits. The benefits had been refused because
the claimant was involved with a business and could not be
considered unemployed. On appeal, the Umpire found the
claimant was engaged in the business to a minor extent as
was permitted by the Regulations. Mr. Buckley was entitled
to his EI benefits.
Commissions, Benefits, and Pensions
Woolard v. Unum Life Insurance Co. of Canada
Successful judgment on behalf of employee. Ms. Woolard, a 36
year old senior sales representative with 2 years service, was
awarded 6 months notice, including all benefits and bonuses
payable during the 6 month period.
Cho. v. Telus Communications Inc.
Successful judgment on behalf of employee for an interpretation
of the pension plan that would entitle the employee to the
pension benefits he sought.
Moody v. Telus Communications Inc.
Successful judgment on behalf of employee where employer offered
inadequate severance pay. Mr. Moody, a 51 year old manager with
30 years service, was awarded 24 months notice. This included an
award for lost holiday time, variable pay, life balance account,
health care spending account, employee stock purchase plan, and
a retirement gift. He was also found to be entitled to an
unreduced pension.
Manion v. Western Pulp Limited Partnership
Successful judgment on appeal overturning the trial judgment.
The Court of Appeal declared the employee entitled to receive a
pension and ruled the defendant was not entitled to make any
deductions from this amount.
Non-Competes and Injunctions
Retrotec Energy Innovations Ltd. v. Wayne
Doucette et al
Successfully defended an attempt by an employer to enjoin two
former employees from operating a competing business.
Prodigy Wealth Management Corp. v. Raymond James
Ltd.
Successfully defended an injunction application on behalf of
employees who were accused of unfairly competing with their
former employer.
Labour Cases
Case details coming soon...