Canada Case Law

Cressey Construction Corporation v. Parolin

Court

British Columbia Court of Appeal

The appellant's unilateral revocation of an established express oral term permitting the respondent to work from home, without reasonable notice, was a breach of contract that constituted constructive dismissal; the trial judge did not err in finding the respondent's decision to pursue business ventures was a reasonable form of mitigation and in awarding 19 months' pay in lieu of notice, and the appeal is dismissed.

Source excerpt

• Constructive dismissal
• Mitigation of damages
• Notice period
• Oral terms of employment
• Work-from-home arrangements
• Punitive damages

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Clark v. Prince George (City)

Court

British Columbia Court of Appeal

The chambers judge correctly implied a contractual term permitting the employer to implement workplace health and safety policies; once that implied term exists the employer's implementation of a specific policy (here the MVP) is governed by whether the policy and any resulting administrative suspension are reasonable and justified, and the judge did not err in finding the MVP and the unpaid leave were reasonable and justified; appeal dismissed.

Source excerpt

• Constructive dismissal
• Implied contractual terms
• Mandatory vaccination policy
• Administrative suspension
• Reasonableness and justification

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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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Davies v. Canada (Attorney General)

Court

Federal Court

The Federal Court dismissed judicial review of an EI leave-to-appeal refusal, finding no procedural fairness breach, no legal error, and no reviewable factual error.

• Procedural fairness
• Just cause for voluntary resignation
• Constructive dismissal
• Judicial review
• Standard of review
• Leave to appeal

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Leschuk v. Greenridge Exploration Inc.

Court

Supreme Court of British Columbia

The application for summary trial was dismissed because there were head-on conflicts in the affidavit and oral evidence on central issues (constructive dismissal, acquiescence, mitigation) that could not be resolved without credibility findings; therefore the court could not find the necessary facts and the first precondition for summary trial was not met, notwithstanding that many factors otherwise favoured summary disposition.

Source excerpt

• Wrongful dismissal
• Constructive dismissal
• Mitigation of damages
• Summary trial suitability
• Costs

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LS v Canada Employment Insurance Commission

Court

Social Security Tribunal of Canada

Permission to appeal is denied because the Applicant has not shown a reasonable chance of success: no procedural fairness error was demonstrated, and although there is an arguable legal error in the General Division’s application of the benefit of the doubt, that error benefited the Applicant and correcting it would not change the undisputed finding that she had reasonable alternatives to quitting.

Source excerpt

• Voluntary leaving
• Just cause
• Procedural fairness
• Constructive dismissal
• Appeal standard of review

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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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Annable v. Devencore Company Ltd.

Court

British Columbia Court of Appeal

Leave to appeal was refused because the proposed appeal did not raise questions of principle extending beyond the case, the grounds lacked arguability in light of the trial judge's factual findings that the insurance policy provided minimal coverage, non-disclosure was inadvertent and caused no prejudice, and the costs decision was a discretionary exercise not shown to be reviewable; consequently no stay was warranted.

Source excerpt

• Costs orders
• Leave to appeal
• Document disclosure
• Offers to settle
• Statutory trust
• Constructive dismissal

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Bioriginal Food & Science Corp. v. Employment Standards Tribunal

Court

Supreme Court of British Columbia

The Supreme Court of British Columbia upheld the Tribunal’s reconsideration decision, finding no patent unreasonableness in its natural justice ruling or in sending the matter back.

• Procedural fairness
• Standard of review
• Remittance
• Tribunal reconsideration
• Constructive dismissal
• Natural justice

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Gill v. Hain Celestial Canada

Court

British Columbia Court of Appeal

The Court of Appeal ordered Harjit Gill to post $15,000 security for costs and stayed the appeal, finding the appeal lacked merit and costs may be hard to recover.

• Security for costs
• Stay pending security
• Striking pleadings under rule 9-5(1)
• Limitation period
• Constructive dismissal
• Recoverability of costs

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