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Settlement Agreements

"Trade Union Responsibility Under S.13 & 14 of the Human Rights Code"

Jurisdiction: - British Columbia
Sector: - Unions

"Trade Union Responsibility Under S.13 & 14 of the Human Rights Code" is the title of a paper written by Shanti P. Reda and Stephanie T. Mayor, lawyers at Black Gropper in Vancouver.

The authors presented the paper at the 2010 CLEBC Human Rights Conference in Vancouver on November 4, 2010.

Former Vancouver police officer obtains $2 million out of court settlement in wrongful dismissal case

Jurisdiction: - British Columbia
Sector: - Public Safety

Both the Vancouver Sun and Globe and Mail newspapers carried stories this week about former Vancouver police officer Allen Dalstrom obtaining a $2 million out of court settlement in relation to a wrongful dismissal case.

This is a significant settlement in any wrongful dismissal case, particularly one involving a police officer who is reported to have been earning about $100,000 a year.

Although this week's media stories provide a lot of the colour about the case, I relied mainly on the decision in Dalstrom v. Organized Crime Agency of BC, 2008 BCSC 844, which dealt with a pre-trial application, for my summary of the facts and proceedings below.  

Background

Dalstrom was a long term police officer with the Vancouver Police Department. In 2000, he was recruited to join the Organized Crime Agency of British Columbia ("OCABC").

The OCABC is responsible for combating organized crime in BC and Dalstrom was appointed supervisor of the Outlaw Motorcycle Gang Team.  read more »

Claim can proceed against pension consultants who assisted employer in converting from DB Plan to DC Plan

Jurisdiction: - British Columbia

The case of Dawson v. Tolko Industries Ltd. involves a lawsuit that has been filed by 47 current and 17 former employees of Tolko Industries ("Tolko") in relation to the conversion of their pension plan from a defined benefit ("DB") plan to a defined contribution ("DC") plan. The trial is currently set for August 2010.

The recent decision in Dawson v. Tolko Industries Ltd., 2010 BCSC 346 involved a pre-trial application by certain defendants to have the case dismissed against them.

Background

In or around 1997,Tolko offered its employees a cash amount in exchange for agreeing to convert from a DB pension plan to a DC plan.  The 65 current and former employees accepted the offer. The basis of the lawsuit is that the value of the pension benefits under the DC plan is much less than it would have been under the DB plan.

In addition to Tolko, the current and former employees also named as defendants the following:  read more »

Employee’s treatment for drug addiction/fragile health factored into calculation of reasonable notice period

In Pereira v. The Business Depot Ltd., 2009 BCSC 1178, the court factored in the employee's recent release from a drug addiction treatment centre, and his vulnerable state of health generally, in determining the reasonable notice period.

Background  

The employee started working at Staples in 1997, after being recruited from another company. He was eventually promoted to general manager of the Nanaimo location.

Prior to June 2003, he was regarded as a good performer. However, starting at this time his professional conduct took a dramatic turn, as was repeatedly late for work, sometimes would not show up at all or would leave mid day for extended periods.  The employee eventually advised his district manager that he was depressed, fatigued and very unwell.  read more »

"The Wrongful Dismissal Manual"

Fraser Milner Casgrain LLP has published "The Wrongful Dismissal Manual" (October 2009), which is "designed to provide employers with guidance on the general statutoryand common law principles applicable whenever an employee's employment is terminated in Canada's four main business jurisdictions: British Columbia, Alberta, Ontario and Quebec."

Tips on how to structure severance payments

Jurisdiction: - British Columbia

"Laid off? Get advice to make sure your severance goes to you, not the taxman" was the title of an article in today's Vancouver Sun.

In layman's language, the article lays out some of the simple steps that dismissed employees can take to minimize the income tax they pay on severance payments.