Albayrak v. Nesbitt Burns Inc. et al., [2000] B.C.T.C. 476 (SC)

• Judge: Sinclair Prowse, J.
• Court: Supreme Court of British Columbia (Canada)
• Case Date: January 04, 2000
• Jurisdiction: British Columbia
• Citations: [2000] B.C.T.C. 476 (SC);2000 BCSC 1082

Albayrak v. Nesbitt Burns Inc., [2000] B.C.T.C. 476 (SC)

MLB headnote and full text

Temp. Cite: [2000] B.C.T.C. TBEd. AU.003

Cenk Albayrak (plaintiff) v. Nesbitt Burns Inc., Brian Claggett, Elizabeth Petticrew and Casey Cleland (defendants)

(C970687; 2000 BCSC 1082)

Indexed As: Albayrak v. Nesbitt Burns Inc. et al.

British Columbia Supreme Court

Vancouver

Sinclair Prowse, J.

July 13, 2000.

Summary:

The plaintiff broker alleged that he was dismissed without cause several days before leaving the corporate defendant and the brokerage business. The plaintiff worked for the corporate defendant for two years. A broker's most valuable asset was the goodwill attributable to his client accounts. The plaintiff had reached verbal agreements to sell his client accounts to the personal defendants, other brokers in the corporate defendant's employ. The dismissal resulted in the plaintiff losing his proprietary interest in the accounts and losing the sales. The sales were to provide the capital for the plaintiff to establish his own business. Having lost those sales, the plaintiff was forced to return to work in the brokerage business for another employer. The plaintiff sued for damages for wrongful dismissal, unlawful interference with contractual relations, breach of contract (failure to pay bonus) and punitive damages.

The British Columbia Supreme Court held that the plaintiff was dismissed without cause. The corporate defendant was also liable for interfering with the plaintiff's economic interests, by summarily dismissing him without cause with knowledge that the result would be the loss the client account sales. Accordingly, the corporate defendant was liable for all losses resulting from the wrongful dismissal, including the loss incurred on the lost client account sales (approximately $300,000) and the failure to pay one bonus (approximately $4,000). The court held that punitive damages were not warranted.

Damages - Topic 1326

Exemplary or punitive damages - Wrongful dismissal - See paragraphs 91 to 97.

Damages - Topic 6750

Contracts - Employment relationship or contract - Breach by employer - Loss of bonus or profit sharing - See paragraphs 1 to 90.

Damages - Topic 6750.1

Contracts - Employment relationship or contract - Breach by employer - Loss of sale of client accounts - See paragraphs 1 to 90.

Master and Servant - Topic 7712

Dismissal of employees - Damages for wrongful dismissal - Punitive or vindictive damages - See paragraphs 91 to 97.

Master and Servant - Topic 7904

Dismissal without cause - General - Circumstances when dismissal not justified - See paragraphs 1 to 90.

Master and Servant - Topic 8062

Dismissal without cause - Damages - Elements - See paragraphs 1 to 90.

Torts - Topic 5043

Interference with economic relations - Master and servant - What constitutes interference - See paragraphs 1 to 90.

Cases Noticed:

Vorvis v. Insurance Corp. of British Columbia, [1989] 1 S.C.R. 1085; 94 N.R. 321, refd to. [para. 53].

Lee v. Parking Corp. of Vancouver, [1998] B.C.T.C. Uned. A05 (S.C.), refd to. [para. 56].

G.S.B. Developments Ltd. v. Chiulli (1979), 15 B.C.L.R. 381 (S.C.), affd. (1981), 28 B.C.L.R. 157 (C.A.), leave to appeal denied (1981), 38 N.R. 380 (S.C.C.), refd to. [para. 63].

Wilson v. Graydon Hall Pizza & Catering Ltd. (1994), 11 B.L.R.(2d) 266 (Ont. Gen. Div.), affd. [1996] O.J. No. 1661 (C.A.), refd to. [para. 64].

Dynamic Transport Ltd. v. O.K. Detailing Ltd., [1978] 2 S.C.R. 1072; 20 N.R. 500; 9 A.R. 308, refd to. [para. 66].

McDonald's Restaurants of Canada Ltd. v. British Columbia (1997), 88 B.C.A.C. 33; 144 W.A.C. 33 (C.A.), refd to. [para. 66].

Canada Cement Lafarge Ltd. et al. v. British Columbia Lightweight Aggregate Ltd. et al., [1983] 1 S.C.R. 452; 47 N.R. 191; [1983] 6 W.W.R. 385, refd to. [para. 72].

Lehndorff Canadian Pension Properties Ltd. et al. v. Davis (1987), 10 B.C.L.R.(2d) 342 (S.C.), refd to. [para. 72].

B.C. Ferry Corp. v. Invicta Security Service Corp. et al. (1998), 114 B.C.A.C. 213; 186 W.A.C. 213; 58 B.C.L.R.(3d) 80 (C.A.), refd to. [para. 73].

Huff and Donnelly v. Price (1990), 51 B.C.L.R.(2d) 282 (C.A.), refd to. [para. 91].

Wallace v. United Grain Growers Ltd. (1997), 219 N.R. 161; 123 Man.R.(2d) 1; 159 W.A.C. 1; 152 D.L.R.(4th) 1 (S.C.C.), refd to. [para. 91].

Counsel:

M.G. Armstrong, for the plaintiff;

G.E.H. Cadman, Q.C., and H.D. Craig, for the defendants.

This action was heard on October 4-8, 1999, and January 4, 2000, at Vancouver, B.C., before Sinclair Prowse, J., of the British Columbia Supreme Court, who delivered the following judgment on July 13, 2000.

Please note: The following judgment has not been edited.