Quebec Law Limits Personal Liability For Administrators & Officers In Wrongful Dismissal Actions

In Quebec, actions for dismissal without just and sufficient cause against administrators and officers of a corporation can be set aside, provided that it can be demonstrated that the plaintiff's motion alleges insufficient facts to lead the court to conclude that administrators and officers should be held personally liable. Courts should not pierce the corporate veil and search blindly and indiscriminately for any cause of action that might work against administrators or officers where the plaintiff's action is clearly unfounded in law.

In Ronald Stark v. F & D Plastics Inc.¹, the plaintiff was a former employee of the defendant F & D Plastics, of which the defendants Darren and Roger Rosbury were administrators and officers. At trial, it was acknowledged that the plaintiff was dismissed without just and sufficient cause and that a release had been signed, but the plaintiff alleged that that release did not provide for sufficient notice. Therefore, he filed a motion