Brian Finlay

The appellant employer appealed a trial judgment finding it wrongfully dismissed the respondent employee, who suffered from chronic fatigue syndrome.

The trial judge awarded 15 months' notice, a 9-month Wallace extension, $500,000 in punitive damages, and a costs premium.

The Court of Appeal upheld the findings of wrongful dismissal, the notice period, and the Wallace extension, finding the employer's order to meet with its doctor unreasonable and its conduct in termination high-handed.

However, the Court reduced the punitive damages to $100,000, finding the trial judge made palpable errors of fact regarding the duration and scope of the employer's misconduct, and reduced the costs premium.

The applicants, parents of children with severe disabilities, applied for additional special needs funding from the Ministry of Community, Family and Children's Services.

They submitted detailed proposals but were awarded only a fraction of their requests without any explanation, criteria, or opportunity to respond.

The applicants sought judicial review of these decisions.

The Divisional Court held that the Minister's funding decisions under the Child and Family Services Act are statutory and subject to judicial review.

The court found that the Ministry breached its duty of procedural fairness by failing to provide criteria, reasons, or an opportunity to be heard.

The decisions were quashed and referred back to the Minister for reconsideration.