United Grain Growers

528 Words2 Pages

Wallace v United Grain Growers Ltd., [1997] 3 SCR 701 was a case heard before the Supreme Court of Canada regarding the dismissal of Jack Wallace, appellant, from United Grain Growers Limited, respondent. The appellant, then 45, was approached by the respondent to leave his current job to begin employment with the respondent’s company. The appellant received assurances that if he performed his job as expected, his employment would be secured until retirement. The appellant found success with the respondent’s company, and he was consistently the top salesperson for each year of employment there. Despite this success, in 1986 he was dismissed without cause or explanation. The respondent issued a statement of claim for wrongful dismissal. The …show more content…

He remained an undischarged bankrupt when the proceedings were commenced against the respondent. The judge of the original trial struck out the appellant’s claims for damages, declaring it a nullity from the outset as the relief sought was vested in the appellant’s trustee in bankruptcy. The appellant made an appeal to the Court of Appeal, who stayed the decision, pending the completion of the trial. The trial resumed, subject to the outcome of the appeal regarding the appellant’s bankruptcy. The trial court found that the appellant was entitled to a 24-month notice period for termination, and the appellant was awarded damages for wrongful dismissal and aggravated damages in the amount of $15,000 for mental distress, for both tort and contract. However, the appellant was not awarded punitive damages. With regard to the bankruptcy issue, the Court of Appeal reversed the decision, concluding that the appellant was within his legal rights to continue the action without a trustee. The Court of Appeal also allowed a cross-appeal by the respondent, which saw the reasonable notice period reduced from 24 months to 15 months. The appeal court also overturned the trial court’s award of aggravated

Open Document