Bayer v. Blue Button Club

Bayer v. Blue Button Club

The Court found the employment agreement was a valid enforceable fixed‑term contract, the Club breached its express obligations by failing to obtain life insurance and to pay the estate the contractual remuneration for the unexpired term on the deceased's death, and the plaintiffs were entitled to damages of $410,000 with prejudgment interest.

Citation
2007 BCSC 517
Parties
Plaintiffs: Mavis Bayer and James Bayer, as Administrators of the Estate of Bernard Bayer, Deceased; Defendants: Blue Button Club doing business as O'Ryan's Bar & Grill, and the said Blue Button Club
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
18 April 2007
Procedural Posture
Employment Contract Dispute / Breach of Contract / Estate Claim / Rule 18 a Summary Trial
Outcome
Judgment for the plaintiffs; damages awarded to plaintiffs and costs awarded to plaintiffs
Legal Topics
Enforceability of Contract, Termination Clauses, Waiver and Estoppel, Breach of Contract, Damages, Prejudgment Interest
Source Language
English
Employment Law Contract Law Estates Law Insurance Law Enforceability of Contract Termination Clauses Waiver and Estoppel Breach of Contract +2 more

Case Brief

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Parties

Mavis Bayer and James Bayer, as Administrators of the Estate of Bernard Bayer, Deceased

Plaintiffs

Blue Button Club doing business as O'Ryan's Bar & Grill, and the said Blue Button Club

Defendants

Procedural Posture

Employment Contract Dispute / Breach of Contract / Estate Claim / Rule 18 a Summary Trial

Legal Issues

  1. 1 Whether the employment agreement was enforceable and intended to create legal relations
  2. 2 Whether the Club breached the agreement by failing to obtain life insurance and to pay the estate the contractual benefits on death
  3. 3 Whether the deceased's alleged non-performance, abandonment or inaction amounted to waiver, estoppel or fundamental breach

Ratio Decidendi

The Court found the employment agreement was a valid enforceable fixed‑term contract, the Club breached its express obligations by failing to obtain life insurance and to pay the estate the contractual remuneration for the unexpired term on the deceased's death, and the plaintiffs were entitled to damages of $410,000 with prejudgment interest.

Court Disposition

Judgment for the plaintiffs; damages awarded to plaintiffs and costs awarded to plaintiffs

Orders

  • Award damages to plaintiffs in the amount of $410,000 with prejudgment interest from date of death (April 23, 2005)
  • Costs awarded to the plaintiffs