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ARTICLE · 26 APRIL 2013

More Punitive Damages

McCarthy Tétrault
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Another BC Supreme Court case has awarded punitive damages for the conduct of the employer.

CanadaEmployment and HR
Paige Morrow
Paige Morrow
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Another BC employer has been hit with punitive damages.  There have been cases where flawed investigations have led to punitive damages (see the  Vernon case in BC, and Home Hardware in Alberta), and there have been jury awards for bad employer conduct (see  Babine Forest Products in BC, and Wal-Mart in Ontario).  Now another BC Supreme Court case - Kelly v. Norsemont Mining Inc. -  has awarded punitive damages for the conduct of the employer.

Kelly sued and complained he was dismissed for insisting the company adhere to securities regulations.  The employer vigorously defended.  Not only did it say there was just cause for termination due to incompetence, the employer also alleged civil fraud by Kelly.  Both those claims were found to be without merit.  The employer also:

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