In a British Columbia Court of Appeal decision released in late
April 2014, a trial judge's decision was set aside and a new
trial ordered. The trial judge's decision in Ogden v.
Canadian Imperial Bank of Commerce 2014 BCSC 285 (CanLII) provided the Court of
Appeal with an opportunity to clarify the law of cumulative cause
in Ogden v. Canadian Imperial Bank of Commerce 2015 BCCA 175. (CanLII) As always, we
encourage readers to review the cases for more detail in the
specific facts and areas of law covered by the courts. Our comments
on the case follow.
What happened?
The Employee, Gulyun Ogden, was a financial advisor who worked
for CIBC from 2004 until her termination for cause in 2011. Her
work portfolio consisted of others who, like her, emigrated from
China. She was terminated "for cause" by CIBC in March
2011 after an investigation into a transaction that had occurred in
September 2010. At that time, Ms. Ogden received a phone call from
a client who wanted to
