Katherine A. Cotton

The respondent, a 25-year employee of the appellant Board, was summarily dismissed for using his position to obtain a direct monetary benefit.

He had purchased computers at a discount from a registered employer and accepted a $1,000 payment from an employer representative, subsequently lying about these events during the employer's investigation.

The trial judge found the dismissal was wrongful and awarded 24 months' notice.

The Court of Appeal allowed the appeal and dismissed the action, finding the trial judge erred by failing to apply the correct legal standard from McKinley v. B.C. Tel and by not considering the full extent of the respondent's misconduct.

The Court held that the respondent's intentional and repeated dishonest acts constituted a fundamental breach of his employment obligations, justifying summary dismissal.

The appellant landlord appealed a decision interpreting a commercial lease.

The motion judge held the tenant was entitled to a rent reduction for increases in real estate taxes and ordered a reference to determine the apportionment of snow removal costs.

The Court of Appeal allowed the appeal in part, finding the lease only protected the tenant from tax increases resulting from a specific 1998 assessment appeal, not from general rate increases.

However, the Court upheld the order for a reference regarding snow removal costs, finding the lease's audit clause did not preclude it.