Humphrey v. Maritime Paper Products Ltd., (1997) 189 N.B.R.(2d) 245 (TD)

• Judge: McLellan, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: May 29, 1997
• Jurisdiction: New Brunswick
• Citations: (1997), 189 N.B.R.(2d) 245 (TD)

Humphrey v. Maritime Paper (1997), 189 N.B.R.(2d) 245 (TD);

    189 R.N.-B.(2e) 245; 482 A.P.R. 245

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[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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Temp. Cite: [1997] N.B.R.(2d) TBEd. JL.010

Michael Humphrey (plaintiff) v. Maritime Paper Products Limited (defendant)

(S/C/1100/96)

Indexed As: Humphrey v. Maritime Paper Products Ltd.

New Brunswick Court of Queen's Bench

Trial Division

Judicial District of Saint John

McLellan, J.

June 4, 1997.

Summary:

The 35 year old plaintiff's employment was terminated after 15 years due to his employ­er's downsizing. The employer offered a 7.5 month severance package and refused to provide a letter of reference unless it was accepted. The plaintiff did not accept and sued for damages for wrongful dismissal.

The New Brunswick Court of Queen's Bench, Trial Division, allowed the action. The court fixed the period of reasonable notice at 12 months.

Master and Servant - Topic 8000

Dismissal without cause - Notice of dis­missal - Reasonable notice - What consti­tutes - The 35 year old plaintiff's employ­ment was terminated after 15 years due to his employer's downsizing - The employer offered a 7.5 month severance package and refused to provide a letter of reference unless it was accepted - The plaintiff did not accept and sued for damages for wrongful dismissal - The New Brunswick Court of Queen's Bench, Trial Division, fixed the period of reasonable notice at 12 months - The court stated that the em­ployer's refusal to provide a letter of refer­ence without acceptance of the severance package was unreasonable, would make it more difficult to obtain new employment and was a factor to consider in increasing the period of reasonable notice - The court rejected the "ball park justice" doctrine, which posited that if an employer's sever­ance offer was within the basic range of awards for similar employees, the court should not interfere or, in effect, give deference to the employer.

Master and Servant - Topic 8003

Dismissal without cause - Notice of dis­missal - Reasonable notice - Consider­ations affecting - [See Master and Ser­vant - Topic 8000 ].

Cases Noticed:

Corbin v. Standard Life Assurance Co. et al. (1995), 167 N.B.R.(2d) 355; 427 A.P.R. 355 (C.A.), refd to. [para. 11].

Bishop v. Carleton Co-operative Ltd. (1996), 176 N.B.R.(2d) 206; 447 A.P.R. 206 (C.A.), refd to. [para. 11].

Donovan v. New Brunswick Publishing Co. (1996), 184 N.B.R.(2d) 40; 469 A.P.R. 40 (C.A.), vary­ing (1996), 174 N.B.R.(2d) 23; 444 A.P.R. 23 (T.D.), refd to. [para. 11].

MacDonald v. Tippet-Richardson Ltd. et al. (1997), 184 N.B.R.(2d) 179; 469 A.P.R. 179 (C.A.), affing. (1996), 181 N.B.R.(2d) 61; 460 A.P.R. 61 (T.D.), refd to. [para. 15].

McKee v. NCR Canada Ltd. (1986), 10 C.C.E.L. 128 (Ont. H.C.), refd to. [para. 21].

Rivers v. Gulf Canada Ltd. (1986), 13 C.C.E.L. 131 (Ont. H.C.), refd to. [para. 21].

Locke v. Avco Financial Services Canada Ltd. (1987), 85 N.B.R.(2d) 93; 217 A.P.R. 93 (T.D.), refd to. [para. 21].

Speight v. Uniroyal Goodrich Canada Inc. (1989), 97 N.B.R.(2d) 216; 245 A.P.R. 216 (T.D.), refd to. [para. 21].

Grant v. Allstate Insurance Co. (1995), 148 N.S.R.(2d) 251; 429 A.P.R. 251 (S.C.), refd to. [para. 22].

Authors and Works Noticed:

Levitt, Howard A., The Law of Dismissal in Canada (2nd. Ed.), paras. 808.10 [para. 10]; 808.15 [para. 21].

Counsel:

John J. MacGillivray, for the plaintiff;

James F. LeMesurier, for the defendant.

This action was heard on May 29, 1997, before McLellan, J., of the New Brunswick Court of Queen's Bench, Trial Division, Judicial District of Saint John, who delivered the following judgment on June 4, 1997.