KSW Successful Cases: Achieving Positive Outcomes

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Royal Canadian Legion Branch Maple Ridge Branch #88 v Service, Health, Manufacturing and Allied Workers Union, CLAC Local 501, 2016 CanLII 44229 (BC LRB)

Chris represented the Employer in defending a reconsideration application before the Labour Relations Board involving the description of a bargaining unit in the context of a union raid application. The union’s resonsideration application was denied.

S.S. v. Canada Employment Insurance Commission, 2019; Tribunal Number: GE-19-1950

Chris’ client was denied Employment Insurance benefits after the Commission determined that she had left her job voluntarily. We appealed to the Social Security Tribunal and successfully argued that our client was in fact terminated from employment and therefore she was entitled to EI benefits. She received a retroactive payment and ongoing support during her search for new employment.

Sargeant v. Canada (Attorney General), 2016 FC 893

Chris represented our client in a judicial review application in federal court after his security clearance license was rescinded by Transport Canada following the discovery of a dated arrest in Washington state. His employer terminated him due to the loss of his security clearance. The Court issued an important decision regarding the review of security clearance decisions and procedural fairness regarding the process.

WCAT No. A1604204

Chris represented the developer of a large construction project in Abbotsford that was fined almost $60,000 in two separate penalty orders for alleged safety contraventions on site. After an initial review, the Review Division doubled the second penalty, increasing the total fine to $90,000. We appealed to WCAT and it was determined the Review Division’s reasoning was flawed. As a result, the second penalty was cancelled altogether and the fine reduced to less than $30,000.

Desrochers v. Teksmed Services, 2013 BCHRT 56

Our client was terminated from employment during a medical leave. The employer applied to dismiss her complaint to the Tribunal, partly because of a concurrent employment standards proceeding. The Tribunal dismissed the employer’s application and found the case had a reasonable prospect of success. It was settled shortly after the decision.

G.R. v. Canada Employment Insurance Commission, 2016 SSTGDEI

Client applied for EI benefits and was denied. The main issue was whether the Appellant lost his employment by reason of his own conduct, specifically being terminated for absenteeism. Chris was able to successfully show that his client’s actions did not constitute misconduct.

Gibson v Matthies, 2017 BCSC 839

Chris represented the defendant in a claim brought by the plaintiff in relation to a motorcycle accident. After a three-day trial on liability, the Court determined that the plaintiff was 75% responsible for the accident.

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