Clark v. North 102 Developments Ltd. et al., (1997) 162 N.S.R.(2d) 367 (SC)

• Judge: Scanlan, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: October 03, 1997
• Jurisdiction: Nova Scotia
• Citations: (1997), 162 N.S.R.(2d) 367 (SC)

Clark v. North 102 Dev. Ltd. (1997), 162 N.S.R.(2d) 367 (SC);

    485 A.P.R. 367

MLB headnote and full text

Temp. Cite: [1997] N.S.R.(2d) TBEd. NO.001

Lynn Margaret Clark (plaintiff) v. North 102 Developments Limited, Nova Enterprises Limited and Roderick MacKay (defendants)

(S.T. No. 07065)

Indexed As: Clark v. North 102 Developments Ltd. et al.

Nova Scotia Supreme Court

Scanlan, J.

October 3, 1997.

Summary:

Clark was terminated by North 102 Devel­opments. She had previously worked for Nova Enterprises Ltd., a related company. She sued North 102, its manager and Nova for damages for wrongful dismissal. North 102 acknowledged that it terminated Clark without cause. Clark also sued the manager for defamation, but that action was discon­tinued.

The Nova Scotia Supreme Court held that Nova and the manager were not liable. The court ordered North 102 to pay Clark 11 months' wages in lieu of notice. The court refused to award her aggravated damages. The court determined costs.

Damages - Topic 911

Aggravation - In contract - Aggravated damages - Wrongful dismissal - [See Mas­ter and Servant - Topic 7704 ].

Master and Servant - Topic 1024

Contract of hiring (employment contract) - Parties - Employer - What constitutes - Clark was hired by Nova Enterprises in 1984 - In 1990 she went on to manage at North 102 Developments - Although Nova and North 102 were related companies, they had different shareholder structures and different boards of directors with some overlapping - Many of the benefits Clark received from Nova remained in place - She believed that she maintained her seniority - Her wages were paid by North 102 - North 102 controlled hiring, method of work and suspensions and dismissals - Clark was terminated in 1996 - She sued Nova and North 102 for wrongful dis­missal - The Nova Scotia Supreme Court held that Nova was not liable for any damage - However, the court held that the appropriate term of employment was from 1984 - See paragraphs 7 to 32.

Master and Servant - Topic 7704

Dismissal of employees - Damages for wrongful dismissal - Measure of - Clark was hired by Nova Enterprises in 1984 - In 1990 she went to North 102 Develop­ments, a related company where she was a restau­rant manager with responsibility for 20 to 25 people - Her employment was termi­nated in December 1996 in a man­agement reorganization - Following her termination she was unable to seek alter­nate employ­ment for several weeks because of emo­tional stress - Later, she attempted to find work in many different fields but was unsuccessful - Clark sued for wrongful dismissal - The Nova Scotia Supreme Court held that Clark was entitled to 11 months' wages in lieu of notice based on 12 years and 11 months' employ­ment - The court held that she was entitled to compensation for loss of medi­cal and life insurance benefits for the notice period - The court refused to award aggravated damages - See paragraphs 33 to 44.

Master and Servant - Topic 7713

Dismissal of employees - Damages for wrongful dismissal - Aggravated damages - [See Master and Servant - Topic 7704 ].

Master and Servant - Topic 8000

Dismissal without cause - Notice of dis­missal - What constitutes reasonable notice - [See Master and Servant - Topic 7704 ].

Master and Servant - Topic 8003.1

Dismissal without cause - Notice of dis­missal - Reasonable notice - Calculation of length of service - [See Master and Ser­vant - Topic 1024 ].

Cases Noticed:

Baldwin v. Aaron District High School Board et al. (1962), 36 D.L.R.(2d) 244 (S.C.C.), refd to. [para. 24].

Sinclair v. Dover (1987), 11 B.C.L.R.(2d) 176 (S.C.), affd. 49 D.L.R.(4th) 297 (B.C.C.A.), refd to. [para. 29].

McKeough v. Nickereson (H.B.) & Sons Ltd. and Ferguson Industries Ltd. (1986), 71 N.S.R.(2d) 134; 171 A.P.R. 134 (T.D.), refd to. [para. 29].

Killorn v. Healthvision Corp. (1997), 156 N.S.R.(2d) 1; 461 A.P.R. 1 (C.A.), refd to. [para. 41].

Counsel:

Bradford Yuill, for the plaintiff, Clark;

John T. Rafferty, Q.C., for the defendants, North 102 Developments Ltd. and MacKay;

Alain J. Begin, for the defendant, Nova Enterprises Ltd.

This action was heard in Truro, Nova Scotia, on October 1 to 3, 1997, by Scanlan, J., of the Nova Scotia Supreme Court, who gave oral decision on October 3, 1997, and released the following written reasons on October 23, 1997.