Archive | Cases

Westpac Solutions Ltd. v. Morgan, 2018 BCSC 976

We successfully defended against an injunction application Westpac brought against their former employee Mr. Morgan and his new employer ICS Supplies Ltd. (both of whom we represented) to enforce a non-competition clause in Mr. Morgan’s previous employment agreement.  Based on the terms of that agreement, Westpac argued that Mr. Morgan should be restrained from competing […]

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Tymko v. 4-D Warner Enterprises Ltd., 2018 BCSC 372

Our client worked for 4-D Warner Enterprises as a trackmobile operator. Following a train derailment at a railway yard, 4-D dismissed our client for just cause, alleging that he had engaged in misconduct, and denied him any severance pay. Our client sued for wrongful dismissal. The Court ultimately found that Mr. Tymko was not responsible for […]

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Rampre v Okanagan Halfway House Society, 2018 BCSC 992

Our client was required to cut operational costs due to budget constraints. In doing so, one of the organization’s bookkeeping administrators was proposed for a reassignment of duties, with a significant pay cut. The employee protested and after several weeks of discussions, announced his departure. Our client withdrew the proposed employment changes and encouraged him […]

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Naderi v. Grain Workers Union Local 333, 2018 CIRB LD 3999 (July 2018)

Our client filed a complaint with the Canada Industrial Relations Board alleging that his union failed to fairly represent him in his grievance proceedings against the employer. After a three-day hearing, the Board found that the union had acted arbitrarily and in a bad faith manner in breach of its duty of fair representation of […]

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Kang v. Fetterly, 2018 BCHRT 118

Our client employed Ms. Kang as a caregiver and dismissed her for cause after approximately 6 years of service. Following her dismissal, Ms. Kang brought a human rights complaint against our client, claiming that our client discriminated against her during the course of her employment. After considering the evidence, the Human Rights Tribunal concluded that […]

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Successful Defense Against Injunction Application 2018

Our clients’ former employer alleged that they had violated various duties they owed to the employer by starting and operating  a competing business. The employer sought a court injunction to prevent our clients from continuing their business. We successfully defended our clients against this application as the judge declined to grant the injunction, in part […]

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Cottrill v. Utopia Day Spas and Salons Ltd., 2017 BCSC 1925

After our client’s successful wrongful dismissal claim, the BC Supreme Court again ruled in her favour in her claim for costs against her former employer.

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Reid v. Snap Fitness Cloverdale and others, 2017 BCHRT 181  

Our client worked at a gym. When she was dismissed from her job because of medical issues she suffered due to a car accident, she filed a Human Rights complaint against both the franchisee and franchisor of the gym. The franchisor, Snap Fitness 24-7, filed an application to dismiss the complaint against it.  We were successful in […]

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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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