Matusiak v. IBM Canada Ltd., [2012] B.C.T.C. Uned. 1784
| Jurisdiction | British Columbia |
| Court | Supreme Court of British Columbia (Canada) |
| Judge | Silverman, J. |
| Citation | [2012] B.C.T.C. Uned. 1784,[2012] B.C.T.C. Uned. 1784 (SC),2012 BCSC 1784 |
| Subject Matter | EMPLOYMENT LAW,DAMAGES |
| Date | 30 November 2012 |
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12 practice notes
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Ruel v. Air Canada,
...$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......
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Spalti v. MDA Systems Ltd., 2018 BCSC 2296
...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......
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Smith v. Mistras Canada, Inc., 2015 ABQB 673
...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......
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Verigen v. Ensemble Travel Ltd.,
...period of unemployment can be instructive in assessing how available alternate employment actually is: Matusiak v. IBM Canada Ltd., 2012 BCSC 1784, at para. [68] Finally, Ms. Verigen argues that there are two additional factors weighing in favour of......
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11 cases
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Ruel v. Air Canada,
...$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......
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Spalti v. MDA Systems Ltd., 2018 BCSC 2296
...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......
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Smith v. Mistras Canada, Inc., 2015 ABQB 673
...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......
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Pasche v. MDE Enterprises Ltd, 2018 BCSC 701
...demonstrated that the industry is dominated by younger workers: Pollack v. Cotter, 2005 BCSC 1799 at 27-28. [30] In Matusiak v. IBM Ltd., 2012 BCSC 1784, the court was urged to view the impact of age from a “modern perspective” and no longer assume that age will be a detrimental factor on a......
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1 firm's commentaries
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Alberta Employment Law Update: Winter 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......