Cabott v. Urban Systems Ltd., (2016) 386 B.C.A.C. 174 (YukCA)

• Judge: Saunders, Groberman and Shaner, JJ.A.
• Court: Court of Appeal (Yukon Territory)
• Case Date: November 17, 2015
• Jurisdiction: Yukon
• Citations: (2016), 386 B.C.A.C. 174 (YukCA);2016 YKCA 4

Cabott v. Urban Systems Ltd. (2016), 386 B.C.A.C. 174 (YukCA);

    667 W.A.C. 174

MLB headnote and full text

Temp. Cite: [2016] B.C.A.C. TBEd. MY.001

Lesley Cabott (respondent/plaintiff) v. Urban Systems Ltd. (appellant/defendant)

(15-YU757; 2016 YKCA 4)

Indexed As: Cabott v. Urban Systems Ltd.

Yukon Court of Appeal

Saunders, Groberman and Shaner, JJ.A.

April 27, 2016.

Summary:

The plaintiff (Cabott) was a professional planner and supervisor of the defendant's practice in Whitehorse, Yukon. She was dismissed by the defendant after working for it for almost 14 months.

The Yukon Supreme Court awarded damages to Cabott based on six months' notice. The defendant appealed, arguing that the damages award was excessive.

The Yukon Court of Appeal allowed the appeal and reduced the notice period to four months. The trial judge erred in putting weight on Cabott's desire to use this employment as a springboard to return to British Columbia. Further, Cabott's age (53 at the time of trial) did not favour a longer than usual notice period.

Master and Servant - Topic 8000

Dismissal without cause - Notice of dismissal - Reasonable notice - What constitutes - See paragraphs 1 to 24.

Master and Servant - Topic 8003

Dismissal without cause - Notice of dismissal - Reasonable notice - Considerations affecting - See paragraphs 4 to 22.

Counsel:

R.G. Macdonald, Q.C., for the appellant;

D. Fendrick, for the respondent.

This appeal was heard on November 17, 2015, at Whitehorse, Yukon, by Saunders, Groberman and Shaner, JJ.A., of the Yukon Court of Appeal. Saunders, J.A., delivered the following decision for the court at Vancouver, B.C., on April 27, 2016.