Matusiak v. IBM Canada Ltd., [2012] B.C.T.C. Uned. 1784

JurisdictionBritish Columbia
JudgeSilverman, J.
Citation[2012] B.C.T.C. Uned. 1784,[2012] B.C.T.C. Uned. 1784 (SC),2012 BCSC 1784
CourtSupreme Court of British Columbia (Canada)
Subject MatterEMPLOYMENT LAW,DAMAGES
Date30 November 2012
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12 practice notes
  • Ruel v. Air Canada,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • April 4, 2022
    ...$789 incurred over twelve months. In the alternative, Air Canada relies on the British Columbia decision of Matusiak v. IBM Canada Ltd., 2012 BCSC 1784, at paras. 117-20, for the proposition that the plaintiff ought to be compensated for the cost of replacement benefits, less the value of h......
  • Spalti v. MDA Systems Ltd., 2018 BCSC 2296
    • Canada
    • Supreme Court of British Columbia (Canada)
    • December 21, 2018
    ...are expected to have more difficulty finding work. I also noted recent decisions of this Court, including Matusiak v. IBM Canada Inc., 2012 BCSC 1784 and Sciancamerli v. Comtech (Communications Technologies) Ltd., 2014 BCSC 2140, favouring a case by case approach. I [45] I respectfully agre......
  • Smith v. Mistras Canada, Inc., 2015 ABQB 673
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • October 1, 2015
    ...he was dismissed at 62 years of age. He was awarded thirteen months' notice, which was upheld on appeal. In Matusiak v IBM Canada Ltd , 2012 BCSC 1784, [2012] BCJ No 2506, a senior salesperson with nine and a half years of employment, and terminated at 60 years of age, also received thirtee......
  • Corey v. Kruger Products L.P., 2018 BCSC 1510
    • Canada
    • Supreme Court of British Columbia (Canada)
    • September 4, 2018
    ...circumstances of the case at hand. He relied upon the following passage from the judgment of Silverman J. in Matusiak v IBM Canada Inc., 2012 BCSC 1784: [35] I agree with the defendant … [m]odern societal developments concerning age may require a more evidentiary-based consideration of that......
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11 cases
  • Ruel v. Air Canada,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • April 4, 2022
    ...$789 incurred over twelve months. In the alternative, Air Canada relies on the British Columbia decision of Matusiak v. IBM Canada Ltd., 2012 BCSC 1784, at paras. 117-20, for the proposition that the plaintiff ought to be compensated for the cost of replacement benefits, less the value of h......
  • Spalti v. MDA Systems Ltd., 2018 BCSC 2296
    • Canada
    • Supreme Court of British Columbia (Canada)
    • December 21, 2018
    ...are expected to have more difficulty finding work. I also noted recent decisions of this Court, including Matusiak v. IBM Canada Inc., 2012 BCSC 1784 and Sciancamerli v. Comtech (Communications Technologies) Ltd., 2014 BCSC 2140, favouring a case by case approach. I [45] I respectfully agre......
  • Smith v. Mistras Canada, Inc., 2015 ABQB 673
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • October 1, 2015
    ...he was dismissed at 62 years of age. He was awarded thirteen months' notice, which was upheld on appeal. In Matusiak v IBM Canada Ltd , 2012 BCSC 1784, [2012] BCJ No 2506, a senior salesperson with nine and a half years of employment, and terminated at 60 years of age, also received thirtee......
  • Corey v. Kruger Products L.P., 2018 BCSC 1510
    • Canada
    • Supreme Court of British Columbia (Canada)
    • September 4, 2018
    ...circumstances of the case at hand. He relied upon the following passage from the judgment of Silverman J. in Matusiak v IBM Canada Inc., 2012 BCSC 1784: [35] I agree with the defendant … [m]odern societal developments concerning age may require a more evidentiary-based consideration of that......
  • Request a trial to view additional results
1 firm's commentaries
  • Alberta Employment Law Update: Winter 2013
    • Canada
    • Mondaq Canada
    • March 20, 2013
    ...and obtain suitable employment. As of the date of publication, Hansen has not been reversed or distinguished. Matusiak v IBM Canada Ltd., 2012 BCSC 1784 ("Matusiak") is a more recent decision which provides very general guidance for determining deductions for contingency. In Matusiak, the t......

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