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Wallace & Bad Faith & Moral & Mental Distress Damages

Supreme Court of Canada modifies law on Wallace Damages

On June 27, 2008, the Supreme Court of Canada issued its much anticipated decision in Honda Canada Inc. v. Keays 2008 SCC 39.

In the decision, which some view as a victory for employers, the court modified the manner in which Wallace damages are calculated and provided further clarification on when they, along punitive damages, should be awarded in the employment context.

As part of its analysis on Wallace damages, the SCC also provided some guidance to employers on the extent of their right to medical information in accommodation cases.

Background

Mr. Keays had been employed by Honda for 14 years when his employment was terminated in March 2000. At the time, he was in a data entry position.  read more »

Ontario Court of Appeal refuses to recognize tort of negligent investigation against employer

Jurisdiction: - Ontario

The Ontario Court of Appeal refused to recognize the tort of negligent investigation against employer in Correia v. Canac Kitchens, 2008 ONCA 506. You can read a summary of the case in the July 4, 2008 issue of the Lawyer's Weekly found here.

"Can or Does a Human Rights Violation Ground a Punitive Damages Award in a Wrongful Dismissal Case?"

James D. Kondopulos of Roper Greyell LLP in Vancouver, has written a paper titled, "Can or Does a Human Rights Violation Ground a Punitive Damages Award in a Wrongful Dismissal Case?"

The paper was written for the Continuing Legal Education Society of British Columbia conference, "Employment Law Conference - 2007", held on June 1, 2007.

Update on Wallace Damages and Express Notice Provisions in the Employment Contract

In Lane v. School District 68 (Nanaimo-Ladysmith), 2006 BCSC 129, the employee was dismissed without cause and was provided with 12 months severance as per her employment contract (para. 35).

Her claim for Wallace damages was denied on that basis that, inter alia, her employment contract contained an express term regarding her notice entitlement (para. 188). This decision was issued on January 26, 2006 and has not yet received any treatment.

In concluding that Wallace damages are not recoverable where there is an express notice provision, the court in Lane followed the decision of the PEI Court of Appeal in Barnard v. Testori America Corp., 2001 PESCAD 4. Other than in Lane, Barnard has not been treated on point.  read more »

Presentation: "Reference Letters"

I presented a paper on "Reference Letters" at the Employment Law Conference, Continuing Legal Education seminar that was held in Vancouver on May 11 and 12, 2006.