Wright v. Chilliwack Community Services, [2000] B.C.T.C. 427 (SC)

• Judge: Owen-Flood, J.
• Court: Supreme Court of British Columbia (Canada)
• Case Date: June 08, 2000
• Jurisdiction: British Columbia
• Citations: [2000] B.C.T.C. 427 (SC);2000 BCSC 972

Wright v. Chilliwack Com. Services, [2000] B.C.T.C. 427 (SC)

MLB headnote and full text

Temp. Cite: [2000] B.C.T.C. TBEd. JL.043

Catherine Wright (plaintiff) v. Chilliwack Community Services (defendant)

(C994600; 2000 BCSC 972)

Indexed As: Wright v. Chilliwack Community Services

British Columbia Supreme Court

Vancouver

Owen-Flood, J.

June 8, 2000.

Summary:

Wright worked for Chilliwack Community Services (CCS), a non-profit organization, for 13 years. She was hired in 1985, and was chief executive officer from 1995 to 1998. Wright was responsible for over 300 employees and an operating budget of $3.5 million. She sued CCS for wrongful dismissal. CCS admitted dismissing Wright without notice. At issue was the proper notice period.

The British Columbia Supreme Court awarded Wright 12 months' pay in lieu of notice. The court held that this was a case where a longer notice period was called for. This was due to aggravating factors including the fact that the plaintiff's dismissal was covered by the media and this made finding a new job more difficult. The court also took into consideration the difficulty of finding similar employment as a director of a non-profit organization.

Damage Awards - Topic 1454

Contracts - Employment contracts - Wrongful dismissal - See paragraphs 1 to 29.

Master and Servant - Topic 8000

Dismissal without cause - Notice of dismissal - What constitutes reasonable notice - See paragraphs 1 to 29.

Master and Servant - Topic 8003

Dismissal without cause - Notice of dismissal - Reasonable notice - Considerations affecting - See paragraphs 10 to 29.

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; 152 D.L.R.(4th) 1, refd to. [para. 10].

Ansari v. British Columbia Hydro & Power Authority (1986), 2 B.C.L.R.(2d) 33 (S.C.), refd to. [para. 12].

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. 13].

Machtinger v. HOJ Industries Ltd. - see Lefebvre v. HOJ Industries Ltd.; Machtinger v. HOJ Industries Ltd.

Bardal v. Globe & Mail Ltd. (1960), 24 D.L.R.(2d) 140 (Ont. H.C.), refd to. [para. 13].

Iacobucci v. WIC Radio Ltd. et al. (1999), 131 B.C.A.C. 252; 214 W.A.C. 252 (C.A.), refd to. [para. 14].

McCrea v. Conference Board of Canada (1993), 45 C.C.E.L. 29 (Ont. Gen. Div.), dist. [para. 15].

Stewart v. Manitoba Opera Association Inc. (1994), 93 Man.R.(2d) 243; 2 C.C.E.L.(2d) 314 (Q.B.), dist. [para. 18].

Dreaver et al. v. Saskatchewan Treaty Indian Women's Council Inc. et al. (1994), 122 Sask.R. 172 (Q.B.), dist. [para. 19].

MacKinnon v. Lewis Energy Management Inc., [1999] O.A.C. Uned. 87; 45 C.C.E.L.(2d) 211 (C.A.), dist. [para. 20].

Hall v. Canadian Corporate Management Co. and Regal Cashway Sales Ltd. (1984), 3 O.A.C. 289; 4 C.C.E.L. 166 (C.A.), dist. [para. 21].

Simpson v. Consumers' Association of Canada et al. (1999), 90 O.T.C. 161 (Gen. Div.), refd to. [para. 23].

Counsel:

D.J. Jordan, Q.C., and M.L. McBride, for the plaintiff;

C.C. Godwin, for the defendant.

This action was heard on June 8, 2000, before Owen-Flood, J., of the British Columbia Supreme Court, in chambers, who delivered the following oral decision on that date.

Please note: The following judgment has not been edited.