Parks v. Vancouver International Airport Authority,

JurisdictionBritish Columbia
JudgeGerow, J.
CourtSupreme Court of British Columbia (Canada)
Citation2005 BCSC 1883,[2005] B.C.T.C. 1883 (SC)
Date14 July 2005

Parks v. Airport Authority, [2005] B.C.T.C. 1883 (SC)

MLB headnote and full text

Temp. Cite: [2006] B.C.T.C. TBEd. OC.001

Howie Parks (plaintiff) v. Vancouver International Airport Authority (defendant)

(S041463; 2005 BCSC 1883)

Indexed As: Parks v. Vancouver International Airport Authority

British Columbia Supreme Court

Vancouver

Gerow, J.

July 14, 2005.

Summary:

This headnote contains no summary.

Master and Servant - Topic 7502

Dismissal or discipline of employees - General principles - What constitutes dismissal or discharge (incl. constructive dismissal) - See paragraphs 27 to 42.

Master and Servant - Topic 8000

Dismissal without cause - Notice of dismissal - What constitutes reasonable notice - See paragraphs 43 to 51.

Master and Servant - Topic 8064

Dismissal without cause - Damages - Mitigation - See paragraphs 52 to 54.

Counsel:

B.W. Curtis, for the plaintiff;

A.C. Favell, for the defendant.

This action was heard in Chambers, by Gerow, J., of the British Columbia Supreme Court, who delivered the following oral decision on July 14, 2005.

Please Note: The following judgment has not been edited.

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13 practice notes
  • Court Of Appeal Summaries (October 31, 2022 ' November 4, 2022)
    • Canada
    • Mondaq Canada
    • November 8, 2022
    ...Rowe v. General Electric Canada Inc. (1994), 8 C.C.E.L. (2d) 95 (Ont. Gen. Div.), Parks v. Vancouver International Airport Authority, 2005 BCSC 1883 Crestwood Preparatory College Inc. v. Smith, 2022 ONCA 743 Keywords: Civil Procedure, Partial Settlement Agreements, Disclosure Obligations, A......
  • Ostrow v. Abacus Management Corp. Mergers & Acquisitions,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • May 29, 2014
    ...employee would have obtained employment sooner if he had made reasonable efforts: Parks v. Vancouver International Airport Authority , 2005 BCSC 1883 at para. 54. [451] While the duty to mitigate theoretically begins at the date of termination, courts have "acknowledged that employees gener......
  • Munoz v. Sierra Systems Group Inc., 2016 BCCA 140
    • Canada
    • Court of Appeal (British Columbia)
    • November 23, 2015
    ...Inc., [2002] B.C.T.C. 503; 2002 BCSC 503, refd to. [para. 53]. Parks v. Vancouver International Airport Authority, [2005] B.C.T.C. 1883; 2005 BCSC 1883, refd to. [para. Borsato v. Atwater Insurance Agency Ltd., [2008] B.C.T.C. Uned. C33; 2008 BCSC 724, refd to. [para. 58]. Forshaw v. Alumin......
  • Kalsi v. Greater Vancouver Associate Stores Ltd.,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • March 4, 2009
    ...v. EM Plastic & Electric Products Ltd. (c.o.b. EM Plastics) , 2008 BCSC 228; Parks v. Vancouver International Airport Authority , 2005 BCSC 1883; and Correia v. Canac Kitchens, a division of Kohler Ltd. , [2007] O.J. No. 143 (Ont. Sup. Ct. J.). [261] With respect to the Supreme Court de......
  • Get Started for Free
11 cases
  • Ostrow v. Abacus Management Corp. Mergers & Acquisitions,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • May 29, 2014
    ...employee would have obtained employment sooner if he had made reasonable efforts: Parks v. Vancouver International Airport Authority , 2005 BCSC 1883 at para. 54. [451] While the duty to mitigate theoretically begins at the date of termination, courts have "acknowledged that employees gener......
  • Munoz v. Sierra Systems Group Inc., 2016 BCCA 140
    • Canada
    • Court of Appeal (British Columbia)
    • November 23, 2015
    ...Inc., [2002] B.C.T.C. 503; 2002 BCSC 503, refd to. [para. 53]. Parks v. Vancouver International Airport Authority, [2005] B.C.T.C. 1883; 2005 BCSC 1883, refd to. [para. Borsato v. Atwater Insurance Agency Ltd., [2008] B.C.T.C. Uned. C33; 2008 BCSC 724, refd to. [para. 58]. Forshaw v. Alumin......
  • Kalsi v. Greater Vancouver Associate Stores Ltd.,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • March 4, 2009
    ...v. EM Plastic & Electric Products Ltd. (c.o.b. EM Plastics) , 2008 BCSC 228; Parks v. Vancouver International Airport Authority , 2005 BCSC 1883; and Correia v. Canac Kitchens, a division of Kohler Ltd. , [2007] O.J. No. 143 (Ont. Sup. Ct. J.). [261] With respect to the Supreme Court de......
  • Lederhouse v. Vermilion Energy Inc., 2015 ABQB 387
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • June 16, 2015
    ...engineering field. The court found that 7 months was reasonable notice period. - In Parks v Vancouver International Airport Authority , 2005 BCSC 1883, the employee was 51 years old and worked for the employer for 3 years and 7 months. He was in middle management and had "significant respon......
  • Get Started for Free
2 firm's commentaries
  • Court Of Appeal Summaries (October 31, 2022 ' November 4, 2022)
    • Canada
    • Mondaq Canada
    • November 8, 2022
    ...Rowe v. General Electric Canada Inc. (1994), 8 C.C.E.L. (2d) 95 (Ont. Gen. Div.), Parks v. Vancouver International Airport Authority, 2005 BCSC 1883 Crestwood Preparatory College Inc. v. Smith, 2022 ONCA 743 Keywords: Civil Procedure, Partial Settlement Agreements, Disclosure Obligations, A......
  • Can Employers Pay Less Severance If Employees Fail To Mitigate?
    • Canada
    • Mondaq Canada
    • June 16, 2023
    ...not prohibit courts from inferring a failure to mitigate, this occurs very rarely. In Parks v. Vancouver International Airport Authority (2005 BCSC 1883), for example, Mr. Parks was terminated from his position as a Superintendent with the Vancouver International Airport Authority after a c......