In my opinion, this is an appropriate level of compensation for the applicant, taking into account the three
breaches of the Code involved, and allowing for the fact that I have found that her termination from employment was not an act of reprisal.
Given that the Tribunal can not award punitive damages or legal costs and typically does not award damages for lost future earning capacity and future therapeutic treatment (all of which were awarded in Olympia), it would appear that civil actions should be given serious consideration in situations where an alleged
breach of the Code involves factually complex or serious acts of misconduct.
Not exact matches
Taking into account the number
of customers
involved, the duration
of the
breach and the scale
of the gambling, the Commission concluded that this amounted to a serious
breach of LCCP SR
Code provision 3.5.1.1.
Prior to joining Williams Montgomery & John, he practiced for four years at another Chicago - based civil litigation firm where he represented real property developers, motor vehicle dealers, lending companies, food manufacturers and family owned businesses as both plaintiff and defendant in commercial litigation matters
involving breach of contract, fraud and disputes under the Uniform Commercial
Code, and defended his clients in consumer class action litigation.
This limitation period does not apply to any incident
involving conduct that
breached some law or regulation other than the Police Act, such as the Criminal
Code of Canada.
These large and complex construction defect suits often
involve multiple parties in which issues
of code violations, negligence,
breach of contract and fraud are at issue, as well as insurance coverage claims under GL policies.
Jim has been lead counsel in a wide variety
of complex civil litigation, including cases
involving breach of contract, fraud,
breach of fiduciary duty, tortious interference, conspiracy, anti-trust, deceptive trade, insurance
code violations, partnership disputes, corporate governance / ownership disputes,
breach of express and implied warranty / covenants, RICO, sexual harassment, constitutional claims, assault, battery, libel, slander, trespass, nuisance, product defect and negligence.
A punitive damage award is not available to an employee whose has suffered discrimination at the hands
of his or her employer in
breach of the Human Rights
Code.2 Although discrimination cases occasional
involve acts by an employer that are so malicious that it would normally attract an award
of punitive damages, the Supreme Court
of Canada held in Honda Canada Inc. v Keays3 that the
Code is a comprehensive enforcement scheme the purpose
of which is not to punish employers but to compensate employees.
The bank that disclosed the customer's personal financial information declared that it did so in the context
of an ongoing investigation into a
breach of an employment contract and violation
of a
code of conduct
involving the complainant.
Recent trials and arbitrations
involve real property disputes,
breach of contract,
breach of fiduciary duty, fraud, fraudulent transfers, elder abuse, successor liability and California Commercial
Code Articles 4, 9, 10 and 11 cases.
Although Menchaca is not a case
involving payment
of an appraisal award, the Texas Supreme Court used it to provide clarity regarding the relationship between claims for an insurance policy
breach and Insurance
Code violations and applied five rules governing how claims under the policy and claims under the statute relate.
Acting in long running SDT proceeding
involving multi handed alleged offences ranging from
breach of referral
code to mortgage fraud.