Sciancamerli v. Comtech (Communication Technologies) Ltd., [2014] B.C.T.C. Uned. 2140

JurisdictionBritish Columbia
JudgeSharma, J.
CourtSupreme Court of British Columbia (Canada)
Subject MatterEMPLOYMENT LAW
Citation[2014] B.C.T.C. Uned. 2140,2014 BCSC 2140,[2014] B.C.T.C. Uned. 2140 (SC)
Date07 October 2014
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12 practice notes
  • Steinebach v. Clean Energy Compression Corp., 2015 BCSC 460
    • Canada
    • Supreme Court of British Columbia (Canada)
    • March 25, 2015
    ...period. [41] Specialization was a factor to increasing the notice period in Sciancamerli v. Comtech (Communication Technologies) Ltd. , 2014 BCSC 2140. The defendant emphasized that the plaintiff's job was primarily a sales position, the plaintiff's sales skills were transferable to any ind......
  • Spalti v. MDA Systems Ltd., 2018 BCSC 2296
    • Canada
    • Supreme Court of British Columbia (Canada)
    • December 21, 2018
    ...of this Court, including Matusiak v. IBM Canada Inc., 2012 BCSC 1784 and Sciancamerli v. Comtech (Communications Technologies) Ltd., 2014 BCSC 2140, favouring a case by case approach. I [45] I respectfully agree with and adopt the views expressed in Matasiuk and Sciancamerli. The views expr......
  • Greenlees v. Starline Windows Ltd., 2018 BCSC 1457
    • Canada
    • Supreme Court of British Columbia (Canada)
    • August 29, 2018
    ...(at para. 7); Saalfeld, (at para. 16) (CA); Ostrow, (at paras. 55 and 57); and Sciancamerli v Comtech (Communications Technologies) Ltd., 2014 BCSC 2140, (at paras. 36-39). It declined to draw such an inference on the facts in Miller v Integrated Health Service Clinic, 2016 BCPC 440, (at pa......
  • Mohammed v. Dexterra Integrated Facilities Management,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • December 17, 2020
    ...is at or close to age 60: King v. DST Systems Inc., 2018 ONSC 533 at para. 10; Sciancamerli v. Comtech (Communication Technologies) Ltd., 2014 BCSC 2140 at paras. 30–31, 33; Sollows v. Albion Fisheries Ltd., 2017 BCSC 376 at paras. [39] However, the Supreme Court of Canada has yet to acknow......
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10 cases
  • Steinebach v. Clean Energy Compression Corp., 2015 BCSC 460
    • Canada
    • Supreme Court of British Columbia (Canada)
    • March 25, 2015
    ...period. [41] Specialization was a factor to increasing the notice period in Sciancamerli v. Comtech (Communication Technologies) Ltd. , 2014 BCSC 2140. The defendant emphasized that the plaintiff's job was primarily a sales position, the plaintiff's sales skills were transferable to any ind......
  • Spalti v. MDA Systems Ltd., 2018 BCSC 2296
    • Canada
    • Supreme Court of British Columbia (Canada)
    • December 21, 2018
    ...of this Court, including Matusiak v. IBM Canada Inc., 2012 BCSC 1784 and Sciancamerli v. Comtech (Communications Technologies) Ltd., 2014 BCSC 2140, favouring a case by case approach. I [45] I respectfully agree with and adopt the views expressed in Matasiuk and Sciancamerli. The views expr......
  • Greenlees v. Starline Windows Ltd., 2018 BCSC 1457
    • Canada
    • Supreme Court of British Columbia (Canada)
    • August 29, 2018
    ...(at para. 7); Saalfeld, (at para. 16) (CA); Ostrow, (at paras. 55 and 57); and Sciancamerli v Comtech (Communications Technologies) Ltd., 2014 BCSC 2140, (at paras. 36-39). It declined to draw such an inference on the facts in Miller v Integrated Health Service Clinic, 2016 BCPC 440, (at pa......
  • Mohammed v. Dexterra Integrated Facilities Management,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • December 17, 2020
    ...is at or close to age 60: King v. DST Systems Inc., 2018 ONSC 533 at para. 10; Sciancamerli v. Comtech (Communication Technologies) Ltd., 2014 BCSC 2140 at paras. 30–31, 33; Sollows v. Albion Fisheries Ltd., 2017 BCSC 376 at paras. [39] However, the Supreme Court of Canada has yet to acknow......
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2 firm's commentaries
  • Beware Of The One Month Per Year Of Service 'Rule': Part 4
    • Canada
    • Mondaq Canada
    • February 25, 2016
    ...notice of termination will be capped at one month per year of employment. In Sciancamerli v Comtech (Communication Technologies) Ltd., 2014 BCSC 2140, a Senior Account Executive was dismissed after just 10 months of employment and provided 1 week of pay-in-lieu of notice. The employee filed......
  • How Does Age Impact Reasonable Notice Period Assessment?
    • Canada
    • Mondaq Canada
    • September 6, 2019
    ...and evidence regarding the impact of age in each case is more important than following any particular rule." - Sciancmerli v. Comtech, 2014 BCSC 2140. Recent cases in BC confirm these principles. In Kerr v. Arpac Storage Systems Corp. [2018] B.C.J. No. 810, the plaintiff, who was 70 years o......

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