Johnson v. Investors Group Financial Services Inc., (1999) 217 N.B.R.(2d) 317 (TD)

• Judge: McLellan, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: September 20, 1999
• Jurisdiction: New Brunswick
• Citations: (1999), 217 N.B.R.(2d) 317 (TD)

Johnson v. Inv. Group Financial (1999), 217 N.B.R.(2d) 317 (TD);

    217 R.N.-B.(2e) 317; 555 A.P.R. 317

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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: [1999] N.B.R.(2d) TBEd. SE.038

James Richard Johnson (plaintiff) v. Investors Group Financial Services Inc., a duly incorporated company (defendant)

(S/C/1340/98)

Indexed As: Johnson v. Investors Group Financial Services Inc.

New Brunswick Court of Queen's Bench

Trial Division

Judicial District of Saint John

McLellan, J.

September 20, 1999.

Summary:

The plaintiff "independent contractor" was summarily terminated after nine years fol­lowing an extremely rude outburst. There was no prior similar behaviour and the plaintiff did not receive a written warning. The plaintiff sued for damages for wrongful dismissal.

The New Brunswick Court of Queen's Bench, Trial Division, held that the plaintiff was dismissed without cause. The court adjourned the matter to determine the issue of whether "a provision for the termination without cause and without notice of an independent contractor in a long-term rela­tionship of economic dependence akin to full-time employment should be held to be void for unconscionability".

Master and Servant - Topic 7559

Dismissal of employees - Grounds - Inso­lence - The plaintiff "independent contrac­tor" was summarily terminated after nine years following an extremely rude outburst - There was no prior similar behaviour and the plaintiff did not receive a written warn­ing - The plaintiff sued for damages for wrongful dismissal - The New Brunswick Court of Queen's Bench, Trial Division, held that the plaintiff was dismissed with­out cause - A single act of insolence may constitute "near cause", but did not consti­tute cause for dismissal.

Cases Noticed:

Donovan v. New Brunswick Publishing Co. (1996), 174 N.B.R.(2d) 23; 444 A.P.R. 23 (T.D.), affd. (1996), 184 N.B.R.(2d) 40; 469 A.P.R. 40 (C.A.), refd to. [para. 3].

Erb and Farris v. Expert Delivery Ltd. (1995), 167 N.B.R.(2d) 113; 427 A.P.R. 113; 14 C.C.E.L.(2d) 155 (T.D.), refd to. [para. 6].

Jackson v. Francis (Norman W.) Ltd. et al., [1999] N.B.R.(2d) (Supp.) No. 4 (T.D.), refd to. [para. 6].

Hillis Oil and Sales Ltd. v. Wynn's Can­ada Ltd., [1986] 1 S.C.R. 57; 65 N.R. 23; 71 N.S.R.(2d) 353; 171 A.P.R. 353, refd to. [para. 6].

Counsel:

David M. Brown, Q.C., for the plaintiff;

Deno P. Pappas, Q.C., and Mélanie Cyr, for the defendant.

This action was heard on September 10-11, 1999, 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 Sep­tember 20, 1999.