Archive | Cases

Cottrill v. Utopia Day Spas and Salons Ltd., 2017 BCSC 704

After being dismissed for cause, our client sued her former employer for unpaid severance and aggravated damages. At trial, the Court concluded that there had not been just cause for Ms. Cottrill’s firing, and awarded her contractual severance as well as $15,000 in aggravated damages for its misconduct and breach of duty of good faith.

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Philps v. Ritchie-Smith Feeds and another, 2017 BCHRT 67

Our client filed a discrimination complaint with the BC Human Rights Tribunal against his former employer and union. The employer subsequently asserted that the matter fell within federal jurisdiction. Out of an abundance of caution, we did not withdraw our client’s provincial complaint until the Canadian Human Rights Commission accepted jurisdiction of his complaint. The […]

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Reid v. National Car & Truck Sales and Rentals, 2015 BCHRT 156

Our client has filed a Human Rights complaint against her employer for discrimination on the basis of her family relationship (i.e. family status) and her marital status. We were recently successful in defending her against the employer’s application to dismiss her complaint. Click here to read the decision in Reid v. National Car & Truck.

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An Employment Standards Appeal by CWS Industries (Mfg) Corp., BC EST #D104/16

After our client was dismissed for “just cause”, he filed a claim with the Employment Standards Branch (ESB) seeking monetary amounts under the Employment Standards Act (the Act). The ESB found in our client’s favour, ruling that the employer did not have cause to fire him and ordering it to pay him the amounts he was entitled to under […]

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Successful Wrongful Dismissal 2016

Our client, a 55-year-old Bid Estimator, was dismissed from his job after one year of employment. He brought a successful wrongful dismissal claim against his former employer, receiving a damages award equal to eight months’ salary as the court agreed his physical condition affected his ability to seek alternative employment, and did not deduct from […]

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Tiantian Liu v. Vestis Fashion Group Inc., Case No. 14118

Our client filed a Human Rights complaint against her employer, alleging that she was fired after disclosing her pregnancy (discrimination on the basis of sex). We were recently successful in defending her against the employer’s application to dismiss her complaint, with the Human Rights Tribunal concluding that our client’s evidence should be considered at a […]

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Ms. F v. Health Authority, 2016 BCHRT 12

Our client filed a Human Rights complaint against her employer, alleging discrimination in employment on the basis of mental disability. Her complaint was originally dismissed by the Human Rights Tribunal on the basis that it wasn’t “timely” (i.e. that it wasn’t filed by the deadline set out in the Human Rights Code). On our client’s […]

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TeBaerts v. Penta Builders Group Inc., 2015 BCSC 2449

Following our client’s success in her wrongful dismissal trial, we brought a successful court application on her behalf for additional legal costs against her ex-employer. Since our client had made the employer a formal offer to settle early in the proceedings and the court awarded her more at trial than the amount she had previously […]

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Successful Wrongful Dismissal 2015

Our 50-year old upper management client was dismissed after 25 years of service. The employer argued that our client failed to mitigate her damages by not making reasonable efforts to seek alternate employment, and introduced expert testimony regarding our client’s mitigation efforts. The court ruled in our client’s favour, finding that her job search was […]

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TeBaerts v. Penta Builders Group Inc., 2015 BCSC 2008

After approximately 11 years’ employment, our client was dismissed for cause for deleting materials relating to work done by an employee who had recently resigned. The employer alleged that the deletions constituted sabotage of company property, and that our client was dishonest in her responses about the deletions. Our client’s work computer was also accessed […]

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