Canada Case Law

S.T.H. v. Ivanhoe Cambridge Inc.

Court

Supreme Court of British Columbia

Defendants admitted liability for assault, battery, false arrest and false imprisonment; on the evidence the guards used excessive and unjustified force causing compensable physical injury and chronic PTSD; plaintiff did not fail to mitigate; aggravated harm is reflected in an augmented non-pecuniary award; Paladin's training and investigatory failures constituted conduct referable to the employer warranting punitive damages against Paladin alone; damages quantified accordingly.

Source excerpt

• Assault and battery
• False arrest
• False imprisonment
• Aggravated damages
• Punitive damages
• Causation

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McGill v. Berry and Smith Trucking Ltd.

Court

Supreme Court of British Columbia

The court granted summary trial, upheld the without-cause termination clause, found no repudiation from late final-wage payment or alleged bullying, and dismissed the action.

• Wrongful dismissal
• Repudiation
• Termination clause enforcement
• Esa s.18 - timing of final wages
• Workplace bullying
• Aggravated damages

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Mayede v. Lillooet Pharmacy Ltd. (Lillooet I.D.A. Pharmacy)

Court

Supreme Court of British Columbia

The court found the plaintiff did not resign but was dismissed without cause, awarding 24 months’ notice, aggravated and punitive damages, and dismissing the counterclaim.

• Wrongful dismissal
• Constructive dismissal
• Resignation vs dismissal
• Reasonable notice
• Aggravated damages
• Punitive damages

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Dyck v. Wainbee Limited Wainbee Limitee

Court

Supreme Court of British Columbia

The court struck several pleading paragraphs in a wrongful dismissal case for lacking material facts, but granted leave to amend and ordered each side to bear its own costs.

• Wrongful dismissal
• Aggravated damages
• Strike pleadings (rule 9-5)
• Leave to amend
• Bad faith dismissal
• Material facts vs evidence

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Reid v. Allied Plumbing Heating & Air Conditioning Ltd.

Court

Supreme Court of British Columbia

The court found the plaintiff was constructively dismissed during working notice, awarded 15 months’ reasonable notice, rejected aggravated damages, and dismissed most of the counterclaim.

• Reasonable notice
• Working notice
• Constructive dismissal
• Condonation
• Mitigation
• Aggravated damages

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Manson v. Mitchell

Court

Supreme Court of British Columbia

Application for leave to amend a pleading granted in part and refused in part in a mountain-guiding negligence case, including negligent misrepresentation and damages issues.

• Negligence
• Negligent misrepresentation
• Pleadings and amendments
• Limitation periods
• Aggravated damages
• Punitive damages

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Silva v. Kensington Community Centre Association

Court

Supreme Court of British Columbia

La Cour suprême de la Colombie-Britannique a évalué les dommages pour congédiement constructif, a retenu 24 mois de préavis, puis a accordé dommages aggravés, punitifs, intérêts et dépens.

• Wrongful dismissal
• Constructive dismissal
• Aggravated damages
• Punitive damages
• Mitigation of damages
• Pre-judgment interest

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Hoem v. Macquarie Energy Canada Ltd.

Court

Supreme Court of British Columbia

The court refused special costs but granted increased costs in part, limiting the uplift to discrete portions of the proceeding tied to three unfounded allegations by the employer.

• Wrongful dismissal
• Special costs
• Increased costs (uplift)
• Aggravated damages
• Pleadings
• Discovery

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K.H.C. v. Scheirer

Court

Supreme Court of British Columbia

The court found the defendant liable for sexual battery and awarded non-pecuniary, punitive and future care damages after relying on the prior criminal conviction.

• Sexual battery
• Non-pecuniary damages
• Aggravated damages
• Punitive damages
• Future care costs
• Issue estoppel/comity

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Kew Estate v. Konarski

Court

Court of Appeal for Ontario

The court upheld the trial judge's exercise of discretion: damages for the converted and damaged Corvette were properly assessed on a cost-of-restoration basis rather than being limited to market value at date of conversion given the vehicle's uniqueness, the insufficiency of comparable replacements, and the estate's bona fide intention to restore at the time of trial; the trial judge did not err in rejecting the referee's report and conducting a de novo damages assessment; aggravated damages were properly awarded and were not a disguised punitive award; fresh evidence was inadmissible and th…

Source excerpt

• Conversion
• Detinue
• Measure of damages
• Aggravated damages
• Reference to referee
• Fresh evidence

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