Danika L. Winkel

This endorsement addresses costs following a wrongful dismissal trial where the plaintiff, Melvin Yee, was largely successful in his claim for damages but unsuccessful in his claim for bad faith damages.

The defendant, Hudson’s Bay Company (HBC), failed to disclose a critical employment contract until late in the proceedings, causing unnecessary litigation.

The court found HBC's conduct "worthy of sanction" under Rule 57.01 of the Rules of Civil Procedure.

Despite the plaintiff's divided success and the defendant's offers to settle, the court awarded the plaintiff reduced substantial indemnity costs, emphasizing that the defendant's conduct unnecessarily lengthened the proceeding.

The plaintiff, a 62-year-old former Director of Product Design and Development with 11.65 years of service, sued for wrongful dismissal after his employment was terminated.

The court applied the Bardal factors and awarded a 16-month reasonable notice period, including base salary, unpaid bonus, benefits, and pension contributions.

The plaintiff's claim for bad faith damages, based on the employer's late disclosure of a superseding employment contract, was dismissed as the conduct did not meet the required threshold.