June 4, 2014

Kevin Gourlay

Kevin Gourlay

Bullying nets Wal-Mart punitive damages in Ontario wrongful dismissal case.

The Ontario Court of Appeal recently gave reasons on a wrongful dismissal claim brought against Wal-Mart. The plaintiff, an assistant manager, had essentially been bullied into quitting.  A jury heard the trial and awarded $1,000,000 in punitive damages and hundreds of thousands in aggravated damages and damages for intentional infliction…

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May 22, 2014

Kevin Gourlay

Kevin Gourlay

SCC Upholds BCCA on Faskens’ Mandatory Retirement Policy

I recall reading a story years ago (available here) in the New York Times on studies that had showed the party who gets asked more questions by the Court (in that case, the US Supreme Court), typically loses.  Lawyers probably know this intuitively.  If the bench is sitting there quietly…

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