Resources

Employer’s Repudiation of Employment Contract Results in Damages Award of Over $450,000 for Dismissed Executive

In Timmins v. Artisan Cells, 2024 ONSC 7123, the Ontario Superior Court of Justice issued a substantial damages award – an award in the amount of $456,908.82 – in favour of the plaintiff, Nicholas Timmins.

This followed the without cause termination of Mr. Timmins’ employment as an executive at a gene therapy company named Artisan Development Labs Inc. (“Artisan”).

Notably, about three weeks before trial, Artisan withdrew its statement of defence in the action.  Mr. Timmins’ claim was thus undefended at trial.

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Too Little, Too Late: Just Cause Termination for Non-Culpable Absenteeism After Employer’s Repeated Requests for Medical Evidence Went Largely Unanswered

In District of Sparwoood v. CUPE, Local 2968 (P. Schafer Dismissal) (February 28, 2025), Arbitrator Ken Saunders upheld the just cause discharge of an employee who had been absent from work for over three years on a medical leave and failed to provide clear, current and credible medical evidence about his current and future ability to return to work, notwithstanding repeated requests.

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Confirming the Historic Trade-Off: A Worker’s Civil Action is Statute-Barred When Injury Arose Out of and In the Course of Employment

Workers’ compensation is a no-fault insurance system for injuries arising out of and in the course of a worker’s employment.  Insurance systems of this kind are provincially, federally and territorially mandated through legislation. Read more on a decision involving a respondent who was injured by a falling crate of tiles.

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Bill 11, Employment Standards Amendment Act: BC Government to Restrict Employer’s Ability to Request Health Practitioner Notes for Employee Health, Illness, or Injury Related Leave

In April 2025, the BC Legislature introduced Bill 11, Employment Standards Amendment Act. Bill 11 passed third reading on May 12, 2025. Bill 11 will amend the Employment Standards Act (the “ESA”) to prohibit employers from requiring employees to provide a note or other documentation from a health practitioner in relation to a health, illness, or injury related leave.

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Be Careful What You Text – It Might Be a Binding Contract

In Kambere v. Castillo, 2024 BCCRT 1224, the B.C. Civil Resolution Tribunal (the “CRT”) determined that the applicant, Kambere, and the respondent, Young, entered into a binding contract for Taylor Swift tickets on the basis of their text messages.

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Canada Work-Sharing Program and Temporary Layoffs under the BC Employment Standards Act

Canadian businesses subject to the recent U.S. tariffs are facing significant turmoil including potential loss of business and a corresponding reduction in their workforce.

In response to the tariffs, the Canadian federal government has introduced a Special Measures Work-Sharing Program to help prevent employee layoffs or dismissals.

The Work-Sharing Program provides income support to employees suffering from reduced hours of work due to economic conditions caused by tariffs.

However, BC employers considering the Work-Sharing Program must also consider the temporary layoff provisions under the British Columbia Employment Standards Act (the “BC ESA”), and constructive dismissal risks.

In this article, we briefly outline the Work-Sharing Program, the BC ESA temporary layoff provisions, and constructive dismissal issues, and provide practical examples of how BC employers can navigate each.

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Employers Beware: B.C. Court Awards Former Employee $25,000 in Punitive Damages for Conduct in Severance Negotiations

The recent decision of the B.C. Supreme Court in Thompson v. Revolution Resource Recovery Inc., 2025 BCSC 8 is notable with respect to three issues: (i) the impact of age on reasonable notice determinations; (ii) the assessment of mitigation in the absence of evidence that new employment could be found if reasonable efforts to mitigate had been made; and (iii) awards of punitive damages when an employer fails to comply with minimum employment standards requirements.

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Employee Discharged for Lying to His Doctor and Employer

In Brewers Distributors Ltd v. Brewery, Winery and Distillery Workers, Service Employees International Union, Local 2, Branch Local 300 (Banwait Grievance), [2024] B.C.C.A.A.A. No. 115 (Sullivan), Arbitrator Christopher Sullivan agreed that the employer had just and reasonable cause to discharge the grievor from employment after he was untruthful about his medical restrictions.

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Employer Obligations on Election Day

A federal general election will be held on Monday, April 28, 2025.

As a service to our clients, we are publishing this bulletin on the obligations owed by employers to their employees on election day.

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Workplace Psychological Claims – BC Supreme Court Narrows the “Labour Relations Exclusion”

On March 6, 2025, the BC Supreme Court released an important and lengthy decision regarding workplace psychological claims. This trial decision addresses the second part of James Pickering’s action for benefits under the Workers Compensation Act, R.S.B.C. 2019, c. 1 [WCA].  The first part of this proceeding, indexed as Pickering v. School District No. 38 (Richmond), 2021 BCSC 1497, was a judicial review of a decision of the Workers’ Compensation Appeal Tribunal (“WCAT”).

At trial, Mr. Pickering argued that two provisions of the WCA infringe his rights under s. 15 of the Canadian Charter of Rights and Freedoms, Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (U.K.), 1982, c. 11 [Charter]. He said that those provisions, in combination, led to the denial of his mental disorder claim for workers’ compensation. In short, he argued that his claim was denied for reasons that are discriminatory.

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