Bouchard case
If you are looking for information about the Bouchard case and the wrongful dismissal of Solicitor Bouchard, then you need to look no further than the Internet. The Canadian Law Society has just issued a new document on wrongful dismissal entitled “Wrongful Dismissal of Solicitor: An Expert’s Guide to Canadian Law” which can be accessed at solicitor-client privilege and can be downloaded free of charge. In this article I am going to briefly review the facts of this particular case. If you would like to know more about the actual case and all the facts which were tried and considered, then I suggest that you follow the links below.
The first step in reviewing this article is to understand what actually happened in this case. A group of Ontario Claimants filed a claim against their employer, the defendants, and their employer’s insurance carrier. At the outset they applied to the court for an additional leave to file the claim. Subsequently, they were granted an additional leave to file the claim. This was rejected by the defendants, and so the Claimants filed a claim against the defendants again, this time in the Court of Appeal of Ontario.
Subsequently, on appeal from the Court of Appeal of Ontario the Claimants moved for a declaration that their first application for leave to file the claim was wholly misconceived by the court and that the court should not have allowed the claim. The Appeal Court held that the claim should have been allowed because the court did not consider the application of s. 7 of the Workers’ Compensation Act to allow workers to file a first application for leave under the Act. In addition, it was held that s. 7 did not apply because the workers had not been engaged in active employment as required under the Act. The Court of Appeal also held that the insurance provider was not within a genuine occupational capacity at the date of the accident because it had not made any claims during the two years prior to the accident. Finally, it was held that the claim should be denied because there was no evidence that the insurance provider suffered any loss or damage as a result of the employee’s wrongful dismissal.
Bouchard case – What Is a Wrongful Dismissal Claim?
The employer is also responsible to make discovery in respect of any such claim that is lodged with them. It is the employer who must establish that a claim has been lodged with them and that such a claim has been properly made. If a claim cannot be established that the employee was entitled to be paid while engaged in wrongful dismissal, then the employer is not entitled to recover damages in respect of that wrongful dismissal. Pursuant to s. 810 of the Evidence Act, employers are entitled to submit reports of compliance with the Act and of any accident that occurred on their premises to the Ministry of Safety and Security.
If an employee is engaged in wrongful dismissal and is able to establish that he or she was reasonably engaged in the conduct complained of, an employee may proceed with a claim to recover damages from the employer. If the employer is unable to prove that a claim has been made against them, the court may order payment to the injured person out of the wages that would have been due under the employment contract. An award may also be recovered, if it can be proved that the employer was guilty of negligence or breach of a duty of care. While an award may be higher in Quebec, it is unlikely that a claim will be so huge as to warrant substantial financial reimbursement from the employer.
It is important to ensure that a proper claim for damages is submitted to court. Damages claims must be submitted early on in the claims process in Quebec, as the longer the claim remains unresolved, the harder it is for the employer to mitigate any resulting financial losses. For this reason, some claims may take years to reach a settlement. In the event that a victim decides to pursue a claim for financial compensation, the victim should seek advice from a qualified attorney.