Trial and Appellate Counsel in Reported Cases of Consequence to the Profession

 

1. Counsel to plaintiff in Clark vs. BMO Nesbitt Burns at trial and Court of Appeal This was the first case to award the value of financial advisor’s book of business in addition to the wrongful dismissal award for compensation for the notice period.

 

2. Counsel to plaintiff in McNamara vs ACIL at trial and Court of Appeal .This was the first case in Ontario to award wrongful dismissal damages, without offset for concurrent disability benefits

 

3. Counsel to plaintiff in Rasanen vs Rosemount in Court of Appeal .This was a landmark decision of the question of issue estoppel barring an employee from suing civilly following an unsuccessful Employment Standards Act complaint for statutory notice.

 

4. Counsel to plaintiff in Ribeiro vs Bank of Nova Scotia in motion granting right to use discovered evidence to commence new proceeding against defendant disclosed by discovery process

 

5. Counsel to plaintiff in Riberio vs. CIBC in the Ontario Court of Appeal in which the Court of Appeal increased the award of punitive damages of $10,000 to $50,000, then highest sum of punitive damages awarded (1992 13 OR (3d) 278

 

6. Counsel to plaintiff in Skopitz vs. Intercorp Excelle Foods , the first trial decision awarding incremental damages for human rights violation committed by defendant.

 

7. Counsel to plaintiff in Galbraith v Acres International, constructive dismissal case in which incremental damages were awarded for first time in Ontario, due to discrimination on account of age, affirmed by Court of Appeal

 

8. Counsel to complainant/plaintiff in Mathur vs. Bank Nova Scotia, ( affirmed on appeal in Federal Court ) in which plaintiff successfully showed no “discontinuance of a function” due to re-organization and was successfully reinstated plus lost wages to date of reinstatement and full costs:

 

9. Counsel to plaintiff in Marshall vs. Watson Wyatt, decision of Ontario Court of Appeal setting aside punitive damage award of $75,000 awarded at trial by jury, upholding award of 9 months and 3 months incremental for bad faith conduct given to employee of one year. Total trial award was $516,000.

 

10. Counsel to plaintiff, an international figure skater celebrity and on-air broadcaster, in Toller Cranston vs. CBC, in which an incremental award was made for damages for loss of on air publicity;

 

11. Counsel to plaintiff in Dunning vs. Royal Bank in which damages trial judge determined need for employer to act in good faith, referenced in Supreme Court of Canada decision in Wallace v United Grain Growers;

 

12. Counsel to plaintiff/appellant in successful appeal from wrongful dismissal award to Court of Appeal, which ordered reinstatement plus 10 years back pay in McCaw vs. United Church of Canada 1991 4 OR (3d) 481, 82 DLR (4^th) 289, 37 CCEL 214, 49 OAC 389 ( no hyperlink available – see reference in Mott–Trille v Steed.

See also Case Comment from Professor Philip Brydon, Faculty of Law, U.B.C.