View cases - Stewart McKelvey

- 22 -and that no damages are available to the employee for the actual loss of his or her job and/orpain and distress that may have been suffered as a consequence of being terminated. This rulewas affirmed by the Supreme Court of Canada in Peso Silver Mines Ltd. (N.P.L.) v. Cropper,[1966] S.C.R. 673, at p. 684:... the damages cannot be increased by reason of the circumstances of dismissalwhether in respect of the [employee’s] wounded feelings or the prejudicial effectupon his reputation and chances of finding other employment.2011 SKQB 318 (CanLII)[52] Mr. Justice Bastarache noted that the possibility of awarding what was referred to as“aggravated damages” in an action for breach of contract was recognized by Mr. JusticeMcIntyre in Vorvis v. Insurance Corp. of British Columbia, [1989] 1 S.C.R. 1085, wherein hestated at p. 1103:... I would conclude that while aggravated damages may be awarded in actions forbreach of contract in appropriate cases, this is not a case where they should begiven. The rule long established in the Addis and [page388] Peso Silver Mines caseshas generally been applied to deny such damages, and the employer/employeerelationship (in the absence of collective agreements which involve consideration ofthe modern labour law régime) has always been one where either party couldterminate the contract of employment by due notice, and therefore the only damagewhich could arise would result from a failure to give such notice.[53] The possibility of allocating aggravated damages in wrongful dismissal cases wasnevertheless left open where the acts complained of were also independently actionable. Mr.Justice McIntyre stated at p. 1103:I would not wish to be taken as saying that aggravated damages could neverbe awarded in a case of wrongful dismissal, particularly where the acts complainedof were also independently actionable, a factor not present here. [Emphasis added]