Maxwell v. British Columbia et al., 2014 BCCA 339

JudgeChiasson, Neilson and Garson, JJ.A.
CourtCourt of Appeal (British Columbia)
Case DateJune 02, 2014
JurisdictionBritish Columbia
Citations2014 BCCA 339;(2014), 360 B.C.A.C. 273 (CA)

Maxwell v. B.C. (2014), 360 B.C.A.C. 273 (CA);

    617 W.A.C. 273

MLB headnote and full text

Temp. Cite: [2014] B.C.A.C. TBEd. SE.009

Beverley Maxwell (respondent/appellant on cross-appeal/plaintiff) v. Her Majesty the Queen in Right of the Province of British Columbia and British Columbia College of Teachers (appellants/respondents on cross-appeal/defendants)

(CA041149; 2014 BCCA 339)

Indexed As: Maxwell v. British Columbia et al.

British Columbia Court of Appeal

Chiasson, Neilson and Garson, JJ.A.

September 4, 2014.

Summary:

Maxwell was employed by the British Columbia College of Teachers. In 2012, the College was dissolved by the province pursuant to the Teachers Act, and replaced by the Teacher Regulation Branch. Maxwell was offered a position with the Branch but did not accept it. Maxwell contended that she was dismissed and sought payment of a severance amount and related benefits pursuant to her employment contract with the College. The province and the College both denied that Maxwell was dismissed, asserted that she was obliged to mitigate any damages, and was not entitled to compensation because she failed to accept the Branch's offer of employment.

The British Columbia Supreme Court, in a decision reported at [2013] B.C.T.C. Uned. 1386, awarded Maxwell the severance amounts set out in the employment contract but dismissed her claim for additional pension benefits. Maxwell's employment ended as a result of the dissolution of the College. The termination provisions of the contract applied. Maxwell was not obliged to mitigate her damages because her entitlement was fixed by agreement of the parties. The province and the College appealed. Maxwell cross-appealed, submitting that the trial judge erred in failing to award her damages that reflected her lost participation in the pension plan during the 24 month severance period.

The British Columbia Court of Appeal dismissed the appeal and the cross-appeal.

Damages - Topic 1002

Mitigation - General principles - Duty to mitigate - See paragraphs 25 to 28.

Damages - Topic 6753

Contracts - Employment relationship or contract - Breach by employer - Mitigation by employee - See paragraphs 25 to 28.

Master and Servant - Topic 7502

Dismissal of employees - General principles - What constitutes dismissal or discharge (incl. constructive dismissal) - See paragraphs 17 to 24.

Master and Servant - Topic 8064

Dismissal without cause - Damages - Mitigation - See paragraphs 25 to 28.

Master and Servant - Topic 8071

Dismissal without cause - Damages - Effect of contractual provision setting notice period - See paragraphs 25 to 28.

Cases Noticed:

Evans v. Teamsters Union Local No. 31 (2008), 374 N.R. 1; 253 B.C.A.C. 1; 425 W.A.C. 1; 2008 SCC 20, refd to. [para. 19].

Maver v. Greenheat Energy Corp., [2012] B.C.T.C. Uned. 1139; 2013 BCSC 1139, refd to. [para. 19].

Nokes v. Doncaster Amalgamated Collieries, Limited, [1940] A.C. 1014, refd to. [para. 22].

White v. Stenson Holdings Ltd. (1983), 43 B.C.L.R. 340 (S.C.), refd to. [para. 22].

Counsel:

A. Dalmyn, for the appellants;

B. Curtis, for the respondent.

This appeal and cross-appeal were heard at Vancouver, B.C., on June 2, 2014, before Chiasson, Neilson and Garson, JJ.A., of the British Columbia Court of Appeal. Chiasson, J.A., delivered the following judgment for the court on September 4, 2014.

To continue reading

Request your trial
3 practice notes
  • McMillan v. Altastream Power Systems Inc., 2018 BCSC 1298
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 2 Agosto 2018
    ...in Bowes v. Goss Power Products Ltd., 2012 ONCA 425, and then affirmed in by our Court of Appeal in Maxwell v. British Columbia, 2014 BCCA 339. Mr. Justice Chiasson held: [25] The trial judge dealt with mitigation at para. 84: [84] The law in British Columbia is well settled that where ther......
  • Amending Certification Applications: When Does The 'Procedural Guillotine' Fall?
    • Canada
    • Mondaq Canada
    • 16 Febrero 2017
    ...v. British Columbia, 2016 BCSC 2288 [Winter]. 2 Teachers Act, S.B.C. 2011, c. 19. 3 The plaintiff relies on Maxwell v. British Columbia, 2014 BCCA 339. 4 Winter at paras. 33, 5 Ibid. at paras. 49-50 6 Ibid. at para. 53. 7 See, for example, ibid. at paras. 37, 52. To view the original articl......
  • Winter v. British Columbia, 2017 BCSC 871
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 25 Mayo 2017
    ...(a) The interpretation of the severance provisions of the contracts of employment. (d) The degree to which Maxwell v. British Columbia, 2014 BCCA 339 [Maxwell] is determinative of legal issues raised by the (i) Given that at least some of the clauses relied upon by the province existed in t......
2 cases
  • McMillan v. Altastream Power Systems Inc., 2018 BCSC 1298
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 2 Agosto 2018
    ...in Bowes v. Goss Power Products Ltd., 2012 ONCA 425, and then affirmed in by our Court of Appeal in Maxwell v. British Columbia, 2014 BCCA 339. Mr. Justice Chiasson held: [25] The trial judge dealt with mitigation at para. 84: [84] The law in British Columbia is well settled that where ther......
  • Winter v. British Columbia, 2017 BCSC 871
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 25 Mayo 2017
    ...(a) The interpretation of the severance provisions of the contracts of employment. (d) The degree to which Maxwell v. British Columbia, 2014 BCCA 339 [Maxwell] is determinative of legal issues raised by the (i) Given that at least some of the clauses relied upon by the province existed in t......
1 firm's commentaries
  • Amending Certification Applications: When Does The 'Procedural Guillotine' Fall?
    • Canada
    • Mondaq Canada
    • 16 Febrero 2017
    ...v. British Columbia, 2016 BCSC 2288 [Winter]. 2 Teachers Act, S.B.C. 2011, c. 19. 3 The plaintiff relies on Maxwell v. British Columbia, 2014 BCCA 339. 4 Winter at paras. 33, 5 Ibid. at paras. 49-50 6 Ibid. at para. 53. 7 See, for example, ibid. at paras. 37, 52. To view the original articl......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT