Recently Reviewed Law on Consequential and Punitive Damages in a Wrongful Dismissal Context

The British Columbia Court of Appeal recently reviewed the law on consequential and punitive damages in a wrongful dismissal context in Marchen v. Dams Ford Lincoln Sales Ltd.¹

Facts

The Respondent (Plaintiff) Tyler Marchen entered into an apprenticeship agreement with the Appellant (Defendant) Dams Ford Lincoln Sales Ltd. The agreement provided for Mr. Marchen to apprentice in the Appellant's body shop.

The Plaintiff's brother Anthony worked in the Appellant's parts department and, in 2004, confessed to stealing parts to support a drug habit. In November 2004, the RCMP advised the Appellant that Anthony was to be arrested for violating his parole due to a conviction for the possession of a stolen motor vehicle. The President of Dams was shocked because he understood Anthony had no previous difficulties with the law and because the stolen vehicle had been repainted in the Appellant's body shop.