Mosher v. Epic Energy Inc. et al., (2001) 154 B.C.A.C. 225 (CA)

• Judge: Huddart, Saunders and Low, JJ.A.
• Court: Court of Appeal (British Columbia)
• Case Date: March 20, 2001
• Jurisdiction: British Columbia
• Citations: (2001), 154 B.C.A.C. 225 (CA);2001 BCCA 253

Mosher v. Epic Energy Inc. (2001), 154 B.C.A.C. 225 (CA);

    252 W.A.C. 225

MLB headnote and full text

Temp. Cite: [2001] B.C.A.C. TBEd. AU.029

Dennis Mosher (plaintiff/respondent) v. Epic Energy Inc. (defendant/appellant)

(CA026542; 2001 BCCA 253)

Indexed As: Mosher v. Epic Energy Inc. et al.

British Columbia Court of Appeal

Huddart, Saunders and Low, JJ.A.

March 20, 2001.

Summary:

The plaintiff sued the defendant for dam­ages for breach of his employment contract.

The British Columbia Supreme Court, in a decision reported [1999] B.C.T.C. Uned. 609, allowed the action. The defendant appealed.

The British Columbia Court of Appeal allowed the appeal.

Master and Servant - Topic 8064

Dismissal without cause - Damages - Mitigation - An employee sued his em­ployer for alleged breach of a fixed-term written employment contract, made on March 13/95 and ending March 12/97 - Before the contract was due to expire, the employee pursued a claim in bankruptcy in Texas against one of the employer's related companies, which was settled - In De­cember 1996 he obtained employment with another company - The British Col­umbia Court of Appeal held that it was reason­able for the employee to seek recov­ery on the bankruptcy - However, in de­clining to seek alternative employment for a substan­tial period of time, when he could have obtained such employment that would have replaced or more than replaced the income he would have earned under the contract, the employee failed to miti­gate his dam­ages - See paragraphs 8 to 26.

Cases Noticed:

Cemco Electrical Manufacturing Co. v. Van Snellenberg, [1947] S.C.R. 121, refd to. [para. 14].

Canadian Ice Machine Co. v. Sinclair, [1955] S.C.R. 777, refd to. [para. 15].

Michaels et al. v. Red Deer College, [1976] 2 S.C.R. 324; 5 N.R. 99; 57 D.L.R.(3d) 386, refd to. [para. 18].

Neilson v. Vancouver Hockey Club Ltd. (1988), 51 D.L.R.(4th) 40 (B.C.C.A.), refd to. [para. 19].

Counsel:

D.B. Gleadle, for the appellant;

P.D. LeDressay, for the respondent.

This appeal was heard before Huddart, Saunders and Low, JJ.A., of the British Columbia Court of Appeal, at Vancouver, British Columbia, on March 20, 2001, when the following decision was delivered orally for the court by Saunders, J.A.