Denton v Parriwi Management Inc.

Firms involved

Cuelenaere LLP, Robertson Stromberg LLP
John Denton
Law Firm
Cuelenaere LLP
Lawyer(s)

Grant A. Richards

Parriwi Management Inc.
Law Firm
Robertson Stromberg LLP
Lawyer(s)

Jared D. Epp

Atlantis Mercantile Incorporated
Law Firm
Robertson Stromberg LLP
Lawyer(s)

Jared D. Epp

Maverick Holdings Corp.
Law Firm
Robertson Stromberg LLP
Lawyer(s)

Jared D. Epp

Korie Management Ltd., carrying on a partnership under the business name Korpan Tractor and Parts
Law Firm
Robertson Stromberg LLP
Lawyer(s)

Jared D. Epp

Case Overview:
The case involved a claim for wrongful termination and damages. John Denton, a former service manager at Korpan Tractor and Parts (operated by the defendants), alleged he was constructively dismissed and sought damages in lieu of reasonable notice.

Key Facts:
Denton resigned during a heated workplace incident on July 15, 2020, but later claimed he rescinded the resignation. The defendants issued a letter in November 2020 asserting they accepted his resignation. Denton argued this constituted termination without cause.

Legal Issues:

  • Constructive Dismissal: Denton argued the toxic work environment and the employer's handling of his situation amounted to constructive dismissal.

  • Termination Without Cause: The court concluded Denton had not resigned but was terminated without cause.

  • Reasonable Notice: The court determined Denton was entitled to 24 months' notice, considering his seniority, age, and 24 years of service.

  • Mitigation of Damages: Denton did not seek alternative employment, citing severe mental and physical health challenges. The court accepted this explanation.

Court Decision and Award:
The court awarded Denton $355,450.44 in damages for 24 months' notice. This was reduced by $7,000 for short-term disability payments, resulting in a total award of $348,450.44. The court declined to deduct a $21,056.57 settlement from a separate insurance dispute.

Costs:
Denton was also awarded costs under Column 1 of the applicable tariff.

Court of King's Bench for Saskatchewan
QBG-SA-00604-2021
Labour & Employment Law
$ 348,450
Plaintiff