McPhillips v. British Columbia Ferry Corp., (1994) 45 B.C.A.C. 311 (CA)

• Judge: Southin, Wood and Hollinrake, JJ.A.
• Court: Court of Appeal (British Columbia)
• Case Date: June 06, 1994
• Jurisdiction: British Columbia
• Citations: (1994), 45 B.C.A.C. 311 (CA)

McPhillips v. B.C. Ferry Corp. (1994), 45 B.C.A.C. 311 (CA);

    72 W.A.C. 311

MLB headnote and full text

Wilfred McPhillips (plaintiff/respondent) v. British Columbia Ferry Corporation (defendant/appellant)

(CA017119)

Indexed As: McPhillips v. British Columbia Ferry Corp.

British Columbia Court of Appeal

Southin, Wood and Hollinrake, JJ.A.

June 6, 1994.

Summary:

The plaintiff sued the defendant for dam­ages for wrongful dismissal. A jury allowed the action and awarded special and punitive damages. The defendant employer appealed.

The British Columbia Court of Appeal allowed the appeal and ordered a new trial on all the issues.

Master and Servant - Topic 7563

Dismissal of employees - Grounds - Dis­honesty - The British Columbia Court of Appeal stated that dishonesty was always cause for dismissal because it was a breach of the condition of faithful ser­vice - It was the employer's choice whether to dismiss or to forgive - See paragraph 24.

Practice - Topic 5193

Juries and jury trials - Charge to jury - Respecting law and case law - Just cause for dismissal - A catering superintendent with B.C. Ferries was responsible for the purchase and installation of draperies on refitting a vessel - The employee allegedly ordered personal items valued at $250 from the supplier and told it to add these to the purchase order for the vessel's dra­peries - The British Columbia Court of Appeal held that the trial judge misdirected the jury at the employee's wrongful dis­missal action on the issue of cause for dismissal - See paragraphs 10 to 21, 27 to 28.

Cases Noticed:

Axelrod v. Beth Jacob of Kitchener, [1944] 1 D.L.R. 255 (Ont. C.A.), refd to. [para. 23].

McIntyre v. Hockin (1889), 16 O.A.R. 498 (C.A.), refd to. [para. 23].

Boston Deep Sea Fishing and Ice Co. v. Ansell (1888), 39 Ch.D. 339 (C.A.), refd to. [para. 24].

Clouston & Co. v. Corry, [1906] A.C. 122 (J.C.P.C.), not appld. [para. 25].

Kennedy v. Mandarin Enterprises Ltd. (1993), 35 B.C.A.C. 181; 57 W.A.C. 181 (C.A.), refd to. [para. 30].

Vorvis v. Insurance Corp. of British Co­lumbia, [1989] 1 S.C.R. 1085; 94 N.R. 321; 58 D.L.R.(4th) 193; [1989] 4 W.W.R. 218; 36 B.C.L.R.(2d) 273; 90 C.L.L.C. 14,035; 25 C.C.E.L. 81, refd to. [para. 34].

Counsel:

J.P. Taylor, Q.C., and R. Kaardal, for the appellant;

R.H. Hamilton and M.G. Demers, for the respondent.

This appeal was heard on May 16, 1994, at Vancouver, British Columbia, before Southin, Wood and Hollinrake, JJ.A., of the British Columbia Court of Appeal.

On June 6, 1994, Hollinrake, J.A., delivered the following judgment for the Court of Appeal.