26 Jan 2024

Aldergrove Duty Free Shop Ltd. v. MacCallum

Firms involved

Rosberg Sawatzky LLP, Not specified

Appellant

Aldergrove Duty Free Shop Ltd.
Law Firm
Rosberg Sawatzky LLP
Lawyer(s)

Adele L. Burchart

Respondent

Barbara May MacCallum
Law Firm
Not specified
Lawyer(s)

L. Moody

A. Wensel

  • Background: Aldergrove Duty Free Shop Ltd. dismissed employee Barbara MacCallum without severance, claiming COVID-19-induced border closures frustrated their employment contract.
  • Trial Court Decision: The contract's frustration was rejected; MacCallum was awarded ten months' salary for wrongful dismissal.
  • Appeal: The appeal was dismissed, affirming the contract was not frustrated by the border closure as it did not radically alter the employment obligations.
  • Cross-Appeal on CERB Deductions: The cross-appeal succeeded, ruling that CERB benefits should not be deducted from wrongful dismissal damages.
  • No financial terms specified.

Court

Court of Appeals for British Columbia

Case Number

CA48717

Practice Area

Labour & Employment Law

Amount

Winner

Respondent

Trial Start Date

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