Quesnelle v. Camus Hydronics Ltd., 2022 ONSC 6156 The plaintiff, Quesnelle, commenced an action alleging constructive dismissal against his former employer, the defendant, Camus Hydronics Ltd. (“Camus”). The judge ruled that the Quesnelle had been constructively dismissed due to the removal of benefits that made up a significant part of his overall compensation. The judge ...
Background The plaintiff, Ms. Shultz, was an employee of the defendant, Cleardent. On December 29, 2021 she made a PowerPoint presentation, to the directors of Cleardent suggesting that a new role be created for her within the company. The defendant struggled to respond. The plaintiff claimed that one of the directors suggested she had resigned, ...
Alberta is the first Canadian jurisdiction to recognize the tort of harassment, while Ontario and British Columbia have declined to recognize the same tort. In the recent decision Alberta Health Services v. Johnston two issues were considered. First the issue of whether unelected public bodies could bring suits in defamation and secondly whether to recognize ...
Chura v. Batten Industries Inc., 2023 BCSC 1040 The plaintiff, Chura, commenced an action alleging wrongful dismissal against her former employer, the defendant, Batten Industries Inc. (“Batten”). The action was dismissed in its entirety as the court found that Chura’s conduct had breached her fiduciary and implied employment duties at common law. This decision discusses ...
In an interesting development, the BC Supreme Court has recently tentatively approved certification of a class action in British Columbia against an employer. The case involves a plaintiff who is a former BMO employee, who applied to bring a class action against BMO on behalf of non-unionized employees. Specifically, his claim is on behalf ...
In Chu v China Southern Airlines Company Limited, 2023 BCSC 21, the BC Supreme Court considered the termination of a long-term employee, Mr. Chu. Facts Mr. Chu started working for China Southern Airlines Company Limited (the Employer) in 2008. Mr. Chu did not have a history of misconduct until 2017. In 2018, the Employer hired ...
The Office of the Privacy Commissioner of Canada (OPC) has published some practical tips for employers regarding privacy in the workplace. These tips are quoted from the OPC website: Although the federal legislation does not apply to all BC employers, these suggestions are still helpful for all employers to consider. There are other helpful ...
In Stevens v Port Coquitlam (City), 2022 BCCA 2090, the Supreme Court of BC had to consider whether the employer City had just cause for termination. The employee (Mr. Stevens) was first employed by the City for roughly seven years as a unionized employee. In early 2018, he was seen washing his personal truck ...
In Khangura v Lumberwest Building Supplies Inc., 2023 BCSC 1053, the Supreme Court of BC had to consider whether an employee was terminated without cause, or voluntarily resigned from his employment. There were three emails from the employer to the employee at issue. The first email set out several concerns with the employee’s work ...
September 30 is the National Day for Truth and Reconciliation. The origin of this day of recognition began with Orange Shirt Day, which is a legacy of the St. Joseph Mission Residential School Commemoration Project and Reunion events that took place in Williams Lake in May 2013. The Reunion brought together former students and their ...
