Howard Levitt: Arguing a case at Canada's top court is an intense and rewarding experience

, Supreme Court decisions have generally favoured employees. The Court has stated that the very role of the courts was to rectify the imbalance of bargaining power in the usual employment relationship. As such, and given that close to half of Canadian employees have bonuses or other forms of remuneration beyond salary and thus could be affected by such a case, it seemed there was a good chance the Court might change the law respecting these contracts if that issue ever appeared before it.

The trial judge awarded Mathews 15 months notice. The sale occurred 13 months after he resigned so within the 15 months notice period. If he had been employed at the time, his bonus would have been $1.1 million. As a result of his contract, he forfeited it even though the court agreed that he had been constructively dismissed through no fault of his own.Article content continuedWhen I met him, Matthews had just lost 2-1 before the Nova Scotia Court of Appeal. It was a bitterly fought case.

Justice Scanlan went on to say, “I do not accept that the parties intended to agree that a rogue managercould engineer the dismissal of a valued long-term employee through a series of lies, deceit and manipulation so as to result in that employee not being entitled to share in the value he was so essential in creating.”

Given that Dave was exhausted from nine years of litigation, I also agreed that I would not charge him unless he won — perilous, given the historic prospects of even getting to the court. But an appearance at our top court is worth that risk.

Source: Law Daily Report (lawdailyreport.net)

to bad blackface liberals put there hacks on the courts

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