Quach v. Mitrux Services Ltd., 2020 BCCA 25
| Jurisdiction | British Columbia |
| Judge | The Honourable Madam Justice Saunders,The Honourable Mr. Justice Harris,The Honourable Mr. Justice Hunter |
| Citation | 2020 BCCA 25 |
| Date | 23 January 2020 |
| Court | Court of Appeal (British Columbia) |
| Docket Number | CA45644 |
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28 practice notes
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FRESH CONSIDERATION RULE: INSIGHTS FROM ITS RESURRECTION IN QUACH V MITRUX SERVICES LTD.
.... (3) Thomas A Posyniak, "The Welcome Demise of the Fresh Consideration Rule in British Columbia" (2019) 77: 2 The Advocate 183 . (4) 2020 BCCA 25 (5) [1875] LR 10 Ex 153 at 162. See also Bryan A Gardner, ed, The Black's Law Dictionary, 11th ed (St Paul, MN: Thomson Reuters, 2019) sub ver......
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2023 BCSC 21,
...Ltd., 2018 BCCA 383 at paras 14–15, leave to appeal ref'd [2018] S.C.C.A. No. 533 [ Cottrill]; Quach v. Mitrix Services Ltd., 2020 BCCA 25 at paras. 26–27. Medical evidence is not required to establish that the employee has suffered emotional or health consequences but th......
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Crook v Duxbury, 2020 SKCA 43
...Top Rollshutters Inc., 2015 BCSC 1166 at para 43, aff’d 2016 BCCA 252, 60 BLR (5th) 82; and, most recently, Quach v Mitrux Services Ltd., 2020 BCCA 25 at paras 34–40 [Quach]. Notably, the Ontario Court of Appeal did not refer to Neilson in any of Bowes, Howard or Mohamed CA. The Supreme Cou......
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Chu v China Southern Airlines Company Ltd,
...Ltd., 2018 BCCA 383 at paras 14–15, leave to appeal ref'd [2018] S.C.C.A. No. 533 [ Cottrill]; Quach v. Mitrix Services Ltd., 2020 BCCA 25 at paras. 26–27. Medical evidence is not required to establish that the employee has suffered emotional or health consequences but th......
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17 cases
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2023 BCSC 21,
...Ltd., 2018 BCCA 383 at paras 14–15, leave to appeal ref'd [2018] S.C.C.A. No. 533 [ Cottrill]; Quach v. Mitrix Services Ltd., 2020 BCCA 25 at paras. 26–27. Medical evidence is not required to establish that the employee has suffered emotional or health consequences but th......
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Crook v Duxbury, 2020 SKCA 43
...Top Rollshutters Inc., 2015 BCSC 1166 at para 43, aff’d 2016 BCCA 252, 60 BLR (5th) 82; and, most recently, Quach v Mitrux Services Ltd., 2020 BCCA 25 at paras 34–40 [Quach]. Notably, the Ontario Court of Appeal did not refer to Neilson in any of Bowes, Howard or Mohamed CA. The Supreme Cou......
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Chu v China Southern Airlines Company Ltd,
...Ltd., 2018 BCCA 383 at paras 14–15, leave to appeal ref'd [2018] S.C.C.A. No. 533 [ Cottrill]; Quach v. Mitrix Services Ltd., 2020 BCCA 25 at paras. 26–27. Medical evidence is not required to establish that the employee has suffered emotional or health consequences but th......
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Chu v. China Southern Airlines Company Limited,
...2018 BCCA 383 at paras 14-15, leave to appeal ref'd [2018] S.C.C.A. No. 533 [Cottrill]; Quach v. Mitrix Services Ltd., 2020 BCCA 25 at paras. 26-27. Medical evidence is not required to establish that the employee has suffered emotional or health consequences but the......
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8 firm's commentaries
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A Whirlwind Review: Appellate Employment Cases 2019 - 2020
...than a majority" of a contractor's income. 6. British Columbia's Court of Appeal considers consideration Quach v. Mitrux Services Ltd., 2020 BCCA 25 This case involved an employee who signed a one-year fixed term contract in August 2015, leaving secure employment to do so. The contract prov......
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For Your Consideration: Varying BC Employment Agreements Amid Pandemic
...existing employment contracts should do so with prudence and the assistance of legal counsel. Footnotes 1. Quach v Mitrux Services Ltd., 2020 BCCA 25 About Norton Rose Fulbright Canada LLP Norton Rose Fulbright is a global law firm. We provide the world's preeminent corporations and financi......
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Fixed-Term Contracts: When Can Aggravated Damages Be Awarded In Wrongful Dismissal Cases?
...the recent case of Quach v. Mitrux Services Ltd., 2020 BCCA 25 (CanLII), the British Colombia Court of Appeal clarified how mitigation applies to fixed-term contracts, commented on when aggravated damages may be awarded in wrongful dismissal cases, and mused about the necessity of fresh con......
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Old Consideration Is No Consideration For Changes To Employee Contract
...fresh consideration is always needed to effect contractual amendments. In the recently released decision of Quach v. Mitrux Services Ltd., 2020 BCCA 25 [Quach], the British Columbia Court of Appeal ("Court") considered for the first time how Rosas applies in an employment law Background Fac......
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1 books & journal articles
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FRESH CONSIDERATION RULE: INSIGHTS FROM ITS RESURRECTION IN QUACH V MITRUX SERVICES LTD.
.... (3) Thomas A Posyniak, "The Welcome Demise of the Fresh Consideration Rule in British Columbia" (2019) 77: 2 The Advocate 183 . (4) 2020 BCCA 25 (5) [1875] LR 10 Ex 153 at 162. See also Bryan A Gardner, ed, The Black's Law Dictionary, 11th ed (St Paul, MN: Thomson Reuters, 2019) sub ver......