Robert Lewis v. Lehigh Northwest Cement Limited [2008] BCSC 01255

We represented Mr. Lewis, a 59 year old manager, who had worked for his employer for 26 years and who was fired without cause as he came off a long term disability leave. The Court awarded Mr. Lewis 22 months of severance.
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Jordon v. Pacific Sign Group Inc. (d.b.a. Knight Signs) ER#143-091

After a three day hearing, the Director of Employment Standards ordered the Pacific Sign Group to pay our client, Mr. Jordon, $93,447.86 in unpaid wages, unpaid vacation pay and interest. The employer was also fined $1,000 for contravening two sections of the Employment Standards Act..
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Pardham v. Caledonia Enterprises Ltd. [2007] BCPC 0289

We represented an employer who was being sued by an ex-employee for wrongful dismissal. The employer had paid the employee eight weeks of severance but the employee sued for 15 additional weeks. The Court awarded the employee only two additional weeks of severance. Download Case PDF

Recent Cases


Jordon v. Pacific Sign Group Inc. et al, [2007] BCSC Docket No. S066820

Court found that a restrictive covenant in his employment contract prohibiting Mr. Jordon from competing against the defendants after he left their employ was unreasonable and unfair and went farther than necessary to protect the defendants’ customer base and prevent the misuse of trade secrets. The covenant was declared unenforceable.
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Solomon v. Alexis Creek Indian Band, [2007] BCSC 459

Successful claim for wrongful dismissal by the plaintiff after 2 years of employment as the head-start / health coordinator of the defendant Indian Band. Court concluded that a notice period of five months was appropriate and awarded three additional months because the Band acted in an out-of-control and high-handed manner in dismissing her.
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Kehoe v. Fields BC Company dba “The BMW Store”, [2006] BCSC Docket No. S062371

Successful claim by employee offered inadequate severance. Court awarded 9 months notice to a service manager of a BMW dealership with 8.5 years service.
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Perkins v. Shuen et al., [2006] BCSC 121

Court awarded 12 months notice to a dental assistant with 24 years of employment who was fired by the defendants approximately 6 months after they purchased her former employer’s dental practice.
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Danroth v. Farrow Holdings Ltd., [2005] BCSC 637

Court found that an employee’s statement to his employer that he has been constructively dismissed amounts to a resignation. This decision was overturned on appeal (see below).
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Danroth v. Farrow Holdings Ltd., [2005] BCCA 593

Court held that the employee’s resignation had not been clear and unequivocal and that his conduct was inconsistent with an intention to resign and awarded the employee 6 months severance.
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Nicholson v. Sight, Sound & Action Ltd., [2004] BCSC Docket No. S040514

Employer was required to pay a theatre producer all monies owed under her employment contract after the Court rejected the defendant’s claim that she was dismissed for cause.
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Dhaliwal v. International Grain Trade Canada Inc., [2004] BCSC Docket No. S043865

Court awarded 12 months notice to an employee with 14 years of service as a grain trader, and refused to reduce that amount by the “contingency” that he might get a new job during the notice period.
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