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Wrongful Dismissal

Aggravated damages awarded in absence of medical evidence

Jurisdiction: - British Columbia
Sector: - Retail Trade

In Cottrill v. Utopia Day Spas and Salons Ltd., 2017 BCSC 704, aggravated damages of $15,000 were awarded against a defendant for failing to be fair in its assessment of the plaintiff’s performance in the lead up to its decision to terminate her for cause.

This continues a recent trend in wrongful dismissal cases of aggravated damages being awarded for treatment seen by the court as unfair in the absence of medical evidence (see also Johnson v. Marine Roofing Repair & Maintenance Service (2003) Ltd., 2015 BCSC 472 for a similar result). 

"Taxation of employment law damages"

Jurisdiction: - All
Sector: - All

The law firm of McMillan has pubished a useful Factsheet addressing how employment law damages are characterized and taxed. The Factsheet can be found here: "Taxation of employment law damages".