Meszaros v. Simpson Sears Ltd., (1979) 19 A.R. 239 (QB)

• Judge: Kidd, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: July 18, 1979
• Citations: (1979), 19 A.R. 239 (QB)

Meszaros v. Simpson Sears Ltd. (1979), 19 A.R. 239 (QB)

MLB headnote and full text

Meszaros v. Simpson Sears Limited

(S.C. 138140)

Indexed As: Meszaros v. Simpson Sears Ltd.

Alberta Court of Queen's Bench

Judicial District of Calgary

Kidd, J.

July 18, 1979.

Summary:

This headnote contains no summary.

Damages - Topic 6705

Contracts - Employment contracts - Recoverable damages - Loss of reputation - The Alberta Court of Queen's Bench held that damages for loss of reputation were not recoverable in an action for damages for wrongful dismissal and that recovery was limited to damages for wages in lieu of notice - See paragraph 7.

Evidence - Topic 121

Burden of proof - Proof of crime in civil case - An employee brought an action for wrongful dismissal and the employer pleaded that she was dismissed for theft - The Alberta Court of Queen's Bench held that the employer was required to prove that the employee committed theft on a balance of the probabilities - See paragraph 8.

Master and Servant - Topic 7563

Dismissal of employees - Grounds - Dishonesty - The Alberta Court of Queen's Bench held that a sales clerk was properly dismissed for stealing money received from customers and dismissed the employee's action for wrongful dismissal.

Cases Noticed:

Abouna v. Foothills Provincial General Hospital Board, [1978] 2 W.W.R. 130; 8 A.R. 94 (Alta. C.A.), leave to appeal refused by Supreme Court of Canada 10 A.R. 269; 22 N.R. 353, appld. [para. 7].

Haines v. Wawanesa Insurance Company, [1969] S.C.R. 154, appld. [para. 8].

Counsel:

A.W. MacDonald, Sr., for the plaintiff;

I.H. Baker, for the defendant.

This case was heard at Calgary, Alberta, before KIDD, J., of the Alberta Court of Queen's Bench, Judicial District of Calgary, who delivered the following judgment on July 18, 1979: