Ballantyne (Peter) Indian Band v. Ballantyne et al., (1985) 40 Sask.R. 235 (QB)

• Judge: Osborn, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: April 15, 1985
• Jurisdiction: Saskatchewan
• Citations: (1985), 40 Sask.R. 235 (QB)

Ballantyne Indian Band v. Ballantyne (1985), 40 Sask.R. 235 (QB)

MLB headnote and full text

Peter Ballantyne Band, represented by the Peter Ballantyne Band Chief, Custer and Peter Ballantyne Band Council v. Ballantyne, Sewap, Linklater and Custer

(No. 1355)

Indexed As: Ballantyne (Peter) Indian Band v. Ballantyne et al.

Saskatchewan Court of Queen's Bench

Judicial Centre of Prince Albert

Osborn, J.

April 15, 1985.

Summary:

The plaintiffs brought an action for damages for wrongful dismissal. The defendants applied to strike out the plaintiffs' claim for damages for mental distress and loss of reputation.

The Saskatchewan Court of Queen's Bench allowed the application.

Damages - Topic 6751

Contracts - Employment contract - Measure of damages - For breach by employer - Emotional upset - The Saskatchewan Court of Queen's Bench held that an employee could not claim damages for mental distress in an action for wrongful dismissal.

Damages - Topic 6752

Contracts - Employment contract - Measure of damages - For breach by employer - Loss of reputation - The Saskatchewan Court of Queen's Bench held that an employee could not claim damages for loss of reputation in an action for wrongful dismissal.

Cases Noticed:

Addis v. Gramophone Company Limited, [1909] A.C. 488, folld. [para. 2].

Larsen v. Saskatchewan Government Insurance (1983), 32 Sask.R. 232, refd to. [para. 2].

Butler v. Potash Corporation of Saskatchewan Mining Ltd. (1984), 34 Sask.R. 93, refd to. [para. 2].

Frost v. Montreal Engineering Co. (1983), 3 C.C.E.L. 87 (Alta. Q.B.), refd to. [para. 2].

McMinn v. Town of Oakville (1978), 19 O.R.(2d) 366, refd to. [para. 2].

Counsel:

M. Popescul, for the applicants (defendants);

D. Claxton, for the respondents (plaintiffs).

This application was heard before Osborn, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Prince Albert, who delivered the following judgment on April 15, 1985.