Lloyd v. Imperial Parking Ltd., (1996) 192 A.R. 190 (QB)

• Judge: Sanderman, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: December 10, 1996
• Citations: (1996), 192 A.R. 190 (QB)

Lloyd v. Imperial Parking Ltd. (1996), 192 A.R. 190 (QB)

MLB headnote and full text

Timothy Ross Lloyd (plaintiff/defendant by counterclaim) v. Imperial Parking Limited (defendant/plaintiff by counterclaim)

(Action No. 9301-19992)

Indexed As: Lloyd v. Imperial Parking Ltd.

Alberta Court of Queen's Bench

Judicial District of Calgary

Sanderman, J.

December 10, 1996.

Summary:

The plaintiff employee sued his former employer for damages, claiming that he was constructively dismissed. The employer claimed cause for dismissal (dishonesty).

The Alberta Court of Queen's Bench allowed the action. The employee's supervi­sor's conduct, which forced the plaintiff to leave his employment, constituted construc­tive dismissal. The court fixed the period of reasonable notice at four months.

Damages - Topic 6750

Contracts - Employment relationship or contract - Breach by employer - Loss of bonus or profit sharing - An employee was contractually entitled to a bonus based on company performance at each year end - The employee was constructively dis­missed before the year end - The Alberta Court of Queen's Bench rejected the em­ployer's submission that the employee was entitled to his bonus only if he remained employed at the year end - The bonus was an integral part of the compensation pack­age and if that was the employer's inten­tion, the employer should have clearly stated it - The court held that the em­ployee was entitled to a pro rata share of the bonus he would have been entitled to had he remained employed at the year end - See paragraphs 52 to 58.

Master and Servant - Topic 7502

Dismissal of employees - What constitutes - Constructive dismissal - A supervisor dissatisfied with an employee's progress regularly yelled and screamed at him in a demeaning fashion, constantly threatening to fire him - The supervisor occasionally called him vulgar names, refused to allow the employee to take entitled vacation and falsely accused him of sexual improprieties with female subordinates - The employee was intimidated and finally decided to leave his employment - The Alberta Court of Queen's Bench held that the supervisor's continuous yelling, screaming and threats of termination constituted constructive dismissal - The court inferred that the abuse was intentionally inflicted to force the employee to leave - The supervisor's conduct breached a fundamental implied term of the employment contract that the employer treat the employee with civility, decency, respect and dignity - See para­graphs 1 to 49.

Master and Servant - Topic 7563

Dismissal of employees - Grounds - Dishonesty - An employee left his em­ployment after a lengthy history of abusive treatment by his supervisor - The em­ployee claimed damages for construc­tive dismissal - The employer pleaded cause, being the employee's dishonesty in causing the employer to pay the full amount of the employee's automobile insurance premium, when it was agreed that the cost was to be shared - The Alberta Court of Queen's Bench held that the employer lacked cause for dismissal - There was no intentional act of dishonesty - Payment of the full premium was wrong, but done to avoid a further confrontation with the supervisor - The amount of the overpayment by the employer was deducted from the employ­ee's damage award - See paragraphs 43 to 46.

Master and Servant - Topic 8000

Dismissal without cause - Notice of dis­missal - Reasonable notice - What consti­tutes - A 37 year old management em­ployee left his employment after 15 months, being forced to leave due to his supervisor's abusive treatment (constructive dismissal) - The employee was unem­ployed for four months before securing lower paying employment - The Alberta Court of Queen's Bench fixed the period of reasonable notice at four months - See paragraphs 47 to 49.

Cases Noticed:

O'Neil v. Hodgins and Belledune (Village) (1988), 87 N.B.R.(2d) 384; 221 A.P.R. 384; 88 C.L.L.C. 14,040 (Q.B.), refd to. [para. 41].

Sheppard v. Sobeys Inc. (1995), 127 Nfld. & P.E.I.R. 199; 396 A.P.R. 199 (Nfld. T.D.), refd to. [para. 41].

Aspinall v. Mid West Collieries (1926), 22 Alta. L.R. 225 (C.A.), refd to. [para. 44].

Ennis v. Canadian Imperial Bank of Commerce (1986), 13 C.C.E.L. 25 (B.C.S.C.), refd to. [para. 44].

Bardal v. Globe & Mail Ltd. (1960), 24 D.L.R.(2d) 140 (Ont. H.C.), refd to. [para. 48].

Brower v. Baskill Electrical Services Ltd. (1984), 56 A.R. 314; 34 Alta. L.R.(2d) 298 (Q.B.), refd to. [para. 54].

Walsh v. Alberta and Southern Gas Co. and Alberta Natural Gas Co. (1991), 121 A.R. 341; 84 Alta. L.R.(2d) 75 (Q.B.), refd to. [para. 54].

Pathak v. Jannock Steel Fabricating Co. (1996), 186 A.R. 277 (Q.B.), refd to. [para. 54].

Malinowski v. Nault Sawmill & Lumber Co. (1985), 65 A.R. 125; 41 Alta. L.R.(2d) 334 (Q.B.), refd to. [para. 55].

Daniels v. Canadian Tire Corp. (1991), 5 O.R.(3d) 773; 39 C.C.E.L. 107 (Gen. Div.), refd to. [para. 56].

Vorvis v. Insurance Corp. of British Columbia, [1989] 1 S.C.R. 1085; 94 N.R. 321; 58 D.L.R.(4th) 193, refd to. [para. 59].

Paragon Properties Ltd. v. Magna Envestments Ltd. (1972), 24 D.L.R.(3d) 156 (Alta. C.A.), refd to. [para. 59].

Authors and Works Noticed:

Christie, Employment Law in Canada (2nd Ed. 1993), p. 561 [para. 41].

Levitt, Howard, The Law of Dismissal in Canada (2nd Ed. 1992), p. 117 [para. 41].

Counsel:

R.N. Avery (Bishop & MacKenzie), for the plaintiff;

G.H. Poelman and R.M. Richardson (Mac­leod Dixon), for the defendant.

This action was heard before Sanderman, J., of the Alberta Court of Queen's Bench, Judicial District of Calgary, who delivered the following judgment on December 10, 1996.