SCC (Supreme Court of Canada) Bankruptcy – Property of bankrupt – Salary, wages or other remuneration – Undischarged bankrupt bringing action for wrongful dismissal – Whether damages for wrongful dismissal included in ‘salary, wages or other remuneration’ – Bankruptcy Act, R.S.C., 1985, c. B 3, s. 68(1).
Civil procedure – Wrongful dismissal – Undischarged bankrupt seeking damages for wrongful dismissal – Whether undischarged bankrupt can bring action for wrongful dismissal in his own name.
Employment law – Wrongful dismissal – Employee summarily discharged seeking damages for wrongful dismissal – Trial judge awarding employee damages based on 24 month notice period and aggravated damages – Whether Court of Appeal erred in reducing reasonable notice period to 15 months – Whether Court of Appeal erred in overturning aggravated damages award – Whether action can be brought for ‘bad faith discharge’ – Whether employee entitled to punitive damages.
Judges:
Lamer CJ and La Forest, L’Heureux-Dube, Sopinka, Gonthier, Cory, McLachlin, Iacobucci and Major JJ
Citations:
[1997] 3 SCR 701, [1997] 152 DLR (4th) 1, 219 NR 161
Links:
Jurisdiction:
Canada
Cited by:
Cited – GAB Robins (UK) Ltd v Triggs CA 30-Jan-2008
The claimant had been awarded damages for unfair constructive dismissal. The employer appealed an award of damages for the period prior to the acceptance by the employee of the repudiatory breach.
Held: Where a claimant’s losses arose before . .
Lists of cited by and citing cases may be incomplete.
Commonwealth, Employment, Damages
Updated: 02 May 2022; Ref: scu.375114