Gary Clarke

Stikeman Elliott LLP

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Needle-less Dispute? BC Court Finds That Unpaid Leave Due to Non-Compliance Did Not Amount to Constructive Dismissal

The COVID-19 litigation lag continues to play out in Canadian courts; and employers are starting to get some clarity on some of the key workplace issues that arose during the pandemic. In Clark v. City of Prince George,...more

8/12/2025 / Canada , Coronavirus/COVID-19 , Employee Rights , Employer Responsibilities , Employment Contract , Employment Litigation , Employment Policies , Hiring & Firing , Workplace Safety , Wrongful Termination

CERB Appeal: Alberta Court of Appeal finds CERB Not Deductible from Wrongful Dismissal Damages

The Alberta Court of Appeal determined that Canada Emergency Response Benefit (“CERB”) payments are not deductible from wrongful dismissal damages, following an emerging trend from other jurisdictions....more

1/24/2023 / Canada , Damages , Employees , Employer Liability Issues , Employment Litigation , Hiring & Firing , International Labor Laws , Relief Measures , Wrongful Termination

Employers, CERB Your Enthusiasm: British Columbia Court of Appeal Rules CERB is not Deductible from Wrongful Dismissal Damages

First Canadian Appellate Court determines that Canada Emergency Response Benefits (“CERB”) payments are not deductible from wrongful dismissal damages. In Yates v Langley Motor Sport Centre Ltd., the British Columbia...more

12/14/2022 / Canada , Damages , Employees , Employer Liability Issues , Employment Litigation , Hiring & Firing , International Labor Laws , Relief Measures , Wrongful Termination

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