Whiting v. Winnipeg River Brokenhead Community Futures Development Corp., (1998) 126 Man.R.(2d) 176 (CA)

• Judge: Twaddle, Lyon and Kroft, JJ.A.
• Court: Court of Appeal (Manitoba)
• Case Date: November 06, 1997
• Jurisdiction: Manitoba
• Citations: (1998), 126 Man.R.(2d) 176 (CA);1998 CanLII 19422 (MB CA);159 DLR (4th) 18;[1998] 9 WWR 584;126 Man R (2d) 176;167 WAC 176

Whiting v. Com. Futures Dev. (1998), 126 Man.R.(2d) 176 (CA);

    167 W.A.C. 176

MLB headnote and full text

Temp. Cite: [1998] Man.R.(2d) TBEd. MY.019

Cindy Whiting (plaintiff/respondent) v. Winnipeg River Brokenhead Community Futures Development Corp. (defendant/appellant)

(AI 97-30-03223)

Indexed As: Whiting v. Winnipeg River Brokenhead Community Futures Development Corp.

Manitoba Court of Appeal

Twaddle, Lyon and Kroft, JJ.A.

April 23, 1998.

Summary:

The plaintiff alleged that her dismissal from her job was wrongful and caused her to suffer mental distress. The plaintiff sued the employer.

The Manitoba Court of Queen's Bench, in a decision reported 116 Man.R.(2d) 89, held that the plaintiff was wrongfully dis­missed and entitled to six months' salary in lieu of notice. The court also awarded $15,000 nonpecuniary damages for mental distress plus special damages for loss of income due to mental stress. The employer appealed.

The Manitoba Court of Appeal affirmed that there had been a wrongful constructive dismissal but allowed the appeal respecting quantum of damages.

Master and Servant - Topic 7502

Dismissal of employees - What constitutes dismissal or discharge (incl. constructive dismissal) - The plaintiff was a manager with a community development corpor­ation - After six years' employment, the plaintiff was placed on four months' pro­ba­tion because of alleged interpersonal skill prob­lems - The plaintiff tried unsuc­cess­fully to get written details of the alleged problems - The plaintiff found the situ­ation stressful and went on sick leave - The corporation terminated her sick leave pay - The plain­tiff sued the corporation - The plaintiff had severe stress related problems which ren­dered her unemploy­able for the two years before trial - The Manitoba Court of Appeal affirmed that the plaintiff was constructively dis­missed - The court held that the plaintiff was entitled to 12 months' salary in lieu of notice - The court set aside an award of $15,000 nonpe­cuniary damages for mental distress and an award of special damages for loss of income due to mental stress.

Master and Servant - Topic 8000

Dismissal without cause - Notice of dis­missal - What constitutes reasonable notice - [See Master and Servant - Topic 7502 ].

Master and Servant - Topic 8063

Dismissal without cause - Damages - Mental distress - [See Master and Ser­vant - Topic 7502 ].

Cases Noticed:

Wallace v. United Grain Growers Ltd., [1997] 3 S.C.R. 701; 219 N.R. 161; 123 Man.R.(2d) 1; 159 W.A.C. 1, consd. [paras. 19, 50].

Wallace v. United Grain Growers Ltd. (1993), 87 Man.R.(2d) 161 (Q.B.), refd to. [para. 21].

Weibe v. Central Transport Refrigeration (Man.) Ltd. (1994), 95 Man.R.(2d) 65; 70 W.A.C. 65 (C.A.), refd to. [para. 23].

Gorman v. Westfair Foods Ltd. (1997), 118 Man.R.(2d) 73; 149 W.A.C. 73 (C.A.), refd to. [para. 23].

Bardal v. Globe & Mail Ltd. (1960), 24 D.L.R.(2d) 140 (Ont. H.C.), refd to. [paras. 28, 52].

Lefebvre v. HOJ Industries Ltd.; Mach­tinger v. HOJ Industries Ltd., [1992] 1 S.C.R. 986; 136 N.R. 40; 53 O.A.C. 200, refd to. [para. 29].

Gauvin v. Coca-Cola Bottling Ltd. (1998), 125 Man.R.(2d) 276 (Q.B.), refd to. [para. 29].

Kroll v. 949486 Ontario Inc. et al. (1997), 45 O.T.C. 363 (Gen. Div.), refd to. [para. 29].

Vorvis v. Insurance Corp. of British Col­umbia, [1989] 1 S.C.R. 1085; 94 N.R. 321, refd to. [para. 31].

Farber v. Compagnie Trust Royal, [1997] 1 S.C.R. 846; 210 N.R. 161, refd to. [para. 31].

Lambert v. Lewis, [1980] 1 All E.R. 978 (C.A.), refd to. [para. 37].

Counsel:

C.G. Labman, for the appellant;

J.J. Palamar and C.L. Lazar, for the re­spondent.

This appeal was heard on November 6, 1997, before Twaddle, Lyon and Kroft, JJ.A., of the Manitoba Court of Appeal. The decision of the court was delivered on April 23, 1998, including the following opinions:

Kroft, J.A. (Lyon, J.A., concurring) - see paragraphs 1 to 49;

Twaddle, J.A., concurring - see para­graphs 50 to 60.