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Decisions matching the current search
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.
Supplementary reasons on costs after a partially allowed personal injury appeal: the parties were ordered to bear their own costs on the main appeal, with costs to the appellants for the failed new evidence application and cross-appeal.
The Court of Appeal set aside a 20% contingency reduction to Part 7 deductions from a future care award, finding it unsupported by evidence of non-payment risk.
Wrongful dismissal action by a long-serving liquor store manager. The court set reasonable notice at 20 months, reduced it for mitigation and contingency, and dismissed aggravated and punitive damages.
The court awarded $63,000 in non-pecuniary damages after accepting the plaintiff’s evidence of ongoing pain, reduced recreation, and limited ability to play with his grandchildren.
The court applied s. 83 deductions to a personal injury damages award, reducing future TTD and future care deductions for uncertainty and contingencies.
Post-trial, the court allowed deductions in part under s. 83 of the Insurance (Vehicle) Act, corrected special damages, and declined to deduct some discretionary future care items.
The court awarded Lisa Marie Sears $269,144.55 for motor vehicle accident injuries, including pain and suffering, future earning loss, future care, and special damages.
Wrongful dismissal judgment on inducement, prior service credit, and notice. The court awarded 10 months’ notice, FY2016 bonus, and rejected mitigation and contingency reductions.
Appeal in a motor vehicle damages case partly succeeded: the Botox future-care award was set aside, income loss was reduced, and most other awards were upheld.
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