Cases

West Bay SonShip Yachts Ltd. v. Gerald Esau, [2007] BCCA 419

Successful application for permission to appeal the lower Court’s decision to prevent Mr. Esau’s wrongful dismissal claim after his former employer filed for protection under the Companies’ Creditors Arrangement Act.

Holland v. Northwest Fuels Ltd. et al, [2007] BCSC 569

Successful claim by employee to recover $17,388 from his former employer for unpaid overtime which he worked in 2000 and 2001.

Colak v. UV Systems Technology Inc. & Creative Eateries Corporation, [2007] BCCA 220

The Appeal Court ruled that termination pay owed under an employment contract was not “wages” as defined by the Employment Standards Act, and awarded 24 months termination pay under the contract. The Court also concluded that only Mr. Colak’s direct employer, and not its parent, was liable for that amount.

Jordon v. Pacific Sign Group Inc. et al, [2007] BCSC Docket No. S066820

Court found that a restrictive covenant in his employment contract prohibiting Mr. Jordon from competing against the defendants after he left their employ was unreasonable and unfair and went farther than necessary to protect the defendants’ customer base and prevent the misuse of trade secrets. The covenant was declared unenforceable.

Solomon v. Alexis Creek Indian Band, 2007 BCSC 459

Successful claim for wrongful dismissal by the plaintiff after 2 years of employment as the head-start / health coordinator of the defendant Indian Band. Court concluded that a notice period of five months was appropriate and awarded three additional months because the Band acted in an out-of-control and high-handed manner in dismissing her.

Kehoe v. Fields BC Company dba “The BMW Store”, 2006, S062371

Successful claim by employee offered inadequate severance. Court awarded 9 months notice to a service manager of a BMW dealership with 8.5 years service.

Perkins v. Shuen et al., 2006 BCSC 121

Court awarded 12 months notice to a dental assistant with 24 years of employment who was fired by the defendants approximately 6 months after they purchased her former employer’s dental practice.

Danroth v. Farrow Holdings Ltd., [2005] BCCA 593

Court held that the employee’s resignation had not been clear and unequivocal and that his conduct was inconsistent with an intention to resign and awarded the employee 6 months severance.

Danroth v. Farrow Holdings Ltd., 2005 BCSC 637

In this case, the BC Supreme Court found that our client’s statement to his employer that he had been constructively dismissed amounted to a resignation. Our client appealed this decision to the BC Court of Appeal and was successful in having the lower court’s decision overturned.

Nicholson v. Sight, Sound & Action Ltd., S040514, May 21, 2004

The employer in this case was required to pay our client, a theatre producer, all the monies owed to her under her employment contract after the Court rejected the employer’s claim that she was dismissed for cause.