Tag Archives | damages

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Mental vs. Physical Injuries: Canada’s Highest Court Clarifies

Should the courts treat mental and physical injuries differently when it comes to assessing damages? Find out in Richard Johnson‘s latest case law update, a review of the recent Supreme Court of Canada decision in Saadati v. Moorehead, here.

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Saadati: Mental Health is Fundamental

By Richard Johnson. On June 2, 2017, the Supreme Court of Canada rendered its unanimous ruling in Saadati v. Moorhead, which drastically altered the manner in which Canadian courts assess damages for mental injuries suffered by a plaintiff. Background – History of the Case The context of the case was a car accident in New […]

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The Canada Labour Code vs. The Courts: The Devil is in the Details

By Richard Johnson. In Canada, most non-unionized employees have one primary means of recourse (absent a human rights claim) for challenging a dismissal: litigation through our civil court system. For non-unionized employees working in a federally governed industry such as air transportation or banking or for a First Nation, however, there are two primary options: […]

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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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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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“I Quit”: When Does an Employee Have to Give Notice of Resignation?

By Andres Barker, Lawyer. Many employees who leave a job voluntarily refer to handing in their “two weeks’ notice” that they are quitting. But is this practice actually required by law? It’s a question we often hear from resigning employees. Unlike the notice of termination requirements imposed on employers by employment standards legislation, there is […]

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Ramsay v. Terrace (City), 2014 BCSC 1292

Our 66 year old client sued the City of Terrace for damages arising from what he claimed was his forced resignation as the City’s chief administrative officer. The City argued that Mr. Ramsay resigned voluntarily and that he was entitled to two weeks’ pay in lieu of notice in accordance with his resignation agreement, and […]

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