Canada Case Law

DeCarlo v. 0894546 B.C. Ltd. (Black + Blue)

Court

Supreme Court of British Columbia

Court found employee was coerced into signing an Exit Form and thus constructively dismissed; employer failed to prove just cause; the employment contract did not unambiguously limit common-law notice to statutory minima (ambiguous wording and no fresh consideration for handbook terms); employee reasonably mitigated; COVID-19 and employer's misleading assurances extended reasonable notice. Remedy: 14 months common-law notice, deduction for mitigation, punitive damages $20,000; total award $90,025 plus pre-judgment interest.

Source excerpt

• Wrongful dismissal
• Constructive dismissal
• Reasonable notice
• Employment standards act
• Mitigation of damages
• Punitive damages

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Northern Health Authority v. du Plessis

Court

British Columbia Court of Appeal

The Court dismissed both the appeal and cross‑appeal because the central questions identified by the parties were predominantly mixed questions of fact and law arising from the arbitrator's factual findings and application of legal tests; the arbitrator reasonably concluded the PHO Order did not apply to the respondent given his unique factual arrangement and did not err in law in his interpretation; the cross‑appellant failed to identify an extricable question of law arising from the remedy award.

Source excerpt

• Frustration of contract
• Statutory interpretation
• Termination without cause
• Reasonable notice
• Repudiation
• 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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Gale v. Fairmont Hot Springs Resort Ltd.

Court

Supreme Court of British Columbia

The court awarded Larry Gale nine months’ reasonable notice, plus bonus damages, but dismissed claims for benefits and punitive damages in this wrongful dismissal case.

• Wrongful dismissal
• Reasonable notice
• Mitigation
• Bonus entitlement
• Damages for loss of benefits
• Punitive damages

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Hajdu v. Triple Hair Group Inc.

Court

Supreme Court of British Columbia

The Court held the employment relationship continued after a 2022 pay reduction, awarded eight months’ reasonable notice, and granted part of the wage and vacation claims.

• Wrongful dismissal
• Reasonable notice
• Mitigation
• Employee v. contractor status
• Accrued vacation pay
• Summary trial suitability

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Adrain v. Agricom International Inc.

Court

Supreme Court of British Columbia

A British Columbia court found no just cause for dismissal, but held the employee repudiated her contract by suing during working notice. Damages were reduced accordingly.

• Wrongful dismissal
• Just cause
• Repudiation
• Reasonable notice
• Damages
• Mitigation

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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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Lesinski v. Cartel Communication Systems Inc.

Court

Supreme Court of British Columbia

The court found no clear contractual limit on notice, held any 5-week limit would be void under the ESA, and awarded Mr. Lesinski five months' notice less severance.

• Wrongful dismissal
• Reasonable notice
• Contractual limitation of notice
• Employment standards act
• Mitigation of damages
• Non-competition/non-solicitation clauses

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Gent v. Askanda Business Services Ltd.

Court

Supreme Court of British Columbia

The court found the employee did not clearly resign, held the failure to recall him after layoff was wrongful dismissal, and awarded six months’ notice.

• Wrongful dismissal
• Resignation
• Temporary layoff
• Reasonable notice
• Termination date
• Punitive damages

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Ursic v. Country Lumber Ltd.

Court

Supreme Court of British Columbia

The court held that Borly Holdings Ltd. was a dependent contractor of Country Lumber Ltd., entitled to 10 months’ notice and $82,953.91 after mitigation.

• Dependent contractor
• Reasonable notice
• Mitigation
• Damages in lieu of notice
• Credibility
• Expert evidence admissibility

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