Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
34472
IBM Canada Limited v. Richard Waterman
(British Columbia) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2013-12-17 | Appeal closed | |
| 2013-12-16 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2013-12-16 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2013-12-13 |
Judgment on the appeal rendered, CJ LeB F Abe Ro Cro Mo Ka Wa, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA038053, 2011 BCCA 337, dated August 2, 2011, heard on December 14, 2012, is dismissed with costs throughout. McLachlin C.J. and Rothstein J. are dissenting. Dismissed, with costs |
|
| 2012-12-28 | Transcript received, (99 pages) | |
| 2012-12-14 | Judgment reserved OR rendered with reasons to follow | |
| 2012-12-14 |
Hearing of the appeal, 2012-12-14, CJ LeB F Abe Ro Cro Mo Ka Wa Judgment reserved |
|
| 2012-12-14 | Respondent's condensed book, (14 copies) distributed at the hearing | Richard Waterman |
| 2012-12-14 | Appellant's condensed book, (14 copies) distributed at the hearing | IBM Canada Limited |
| 2012-12-14 | Acknowledgement and consent for video taping of proceedings, from all parties | |
| 2012-11-28 | Notice of appearance, D. Geoffrey Cowper, Q.C. and Lorene A. Novakowski will be present at the hearing | IBM Canada Limited |
| 2012-09-13 | Appeal perfected for hearing | |
| 2012-09-10 | Respondent's book of authorities, Completed on: 2012-09-10 | Richard Waterman |
| 2012-09-10 | Respondent's factum, Completed on: 2012-09-10 | Richard Waterman |
| 2012-09-05 | Respondent's record, Completed on: 2012-09-05 | Richard Waterman |
| 2012-08-28 | Notice of appearance, Christopher J. Watson and Matthew G. Siren will be appearing and will be making oral arguments | Richard Waterman |
| 2012-07-25 | Appellant's book of authorities, (2 volumes), Completed on: 2012-07-25 | IBM Canada Limited |
| 2012-07-25 | Appellant's factum, Completed on: 2012-07-25 | IBM Canada Limited |
| 2012-07-24 | Notice of hearing sent to parties | |
| 2012-07-19 |
Appeal hearing scheduled, 2012-12-14 Judgment reserved |
|
| 2012-07-16 | Appellant's record, Completed on: 2012-07-16 | IBM Canada Limited |
| 2012-06-25 | Order on miscellaneous motion | |
| 2012-06-25 |
Decision on miscellaneous motion, dispensing with the obligation under Rule 38(3) and permitting to include in the record portions of the IBM Retirement Plan, Reg Granted, no order as to costs |
|
| 2012-06-25 | Submission of miscellaneous motion, Reg | |
| 2012-06-13 | Response to miscellaneous motion, Completed on: 2012-06-13 | Richard Waterman |
| 2012-06-13 | Notice of miscellaneous motion, for orders concerning the Appellant's record, Completed on: 2012-06-13 | IBM Canada Limited |
| 2012-05-04 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2012-05-02 | Notice of appeal, Completed on: 2012-05-02 | IBM Canada Limited |
| 2012-04-10 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2012-04-10 | Judgment on leave sent to the parties | |
| 2012-04-05 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA038053, 2011 BCCA 337, dated August 2, 2011, is granted. The issue of costs of this leave application shall be deferred and dealt with by the Court when disposing of the appeal. Granted |
|
| 2012-02-27 | All materials on application for leave submitted to the Judges, CJ Ro Mo | |
| 2011-11-07 | Applicant's reply to respondent's argument, Completed on: 2011-11-07 | IBM Canada Limited |
| 2011-10-31 | Book of authorities | Richard Waterman |
| 2011-10-31 | Respondent's response on the application for leave to appeal, Completed on: 2011-10-31 | Richard Waterman |
| 2011-10-20 | Correspondence received from, Geoffrey Cowper received on Oct 20, 2011 re: return of C/A order form. | IBM Canada Limited |
| 2011-10-07 | Letter acknowledging receipt of a complete application for leave to appeal but without formal Court of Appeal order | |
| 2011-10-03 | Book of authorities | IBM Canada Limited |
| 2011-10-03 | Application for leave to appeal, Final C/A order missing (rec. on Oct 18/11), Completed on: 2011-10-03 | IBM Canada Limited |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| IBM Canada Limited | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Waterman, Richard | Respondent | Active |
Counsel
Party: IBM Canada Limited
Counsel
Lorene A. Novakowski
2900 - 550 Burrard Street
Vancouver, British Columbia
V6C 0A3
Telephone: (604) 631-3131
FAX: (604) 632-3232
Email: gcowper@fasken.com
Agent
1300 - 55 Metcalfe St.
Ottawa, Ontario
K1P 6L5
Telephone: (613) 236-3882
FAX: (613) 230-6423
Email: sacker@fasken.com
Party: Waterman, Richard
Counsel
Matthew G. Siren
1600 - 1095 Pender St. W.
Vancouver, British Columbia
V6E 2M6
Telephone: (604) 689-3281 Ext: 235
FAX: (604) 685-6494
Email: cwatson@macfuj.com
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Summary
Keywords
None.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Employment law Unjust dismissal Damages Pensions Whether pension benefits received by the respondent during his wrongful dismissal notice period should be deducted from his wrongful dismissal damages award.
The respondent was employed by IBM (U.K.) Ltd. and then IBM Canada Limited for over 40 years before being terminated without cause with two months notice. When his employment terminated, he was 65 years of age and eligible to receive benefits under IBM’s employer funded pension plan. He had no intention of retiring and sued for wrongful dismissal. After termination, he received a pension benefit of $2,124.25 per month. The trial judge held that the appropriate notice period was 20 months. He awarded damages based on lack of notice for 18 months. The respondent was paid pension benefits after termination based on a fully vested pension. The trial judge did not deduct the amount of pension benefits paid during the notice period from the damages award. IBM Canada Limited appealed, arguing that an amount equal to the pension benefits should have been deducted from damages. The Court of Appeal dismissed the appeal.
Lower court rulings
Supreme Court of British Columbia
S094076, 2010 BCSC 376
Action for damages for wrongful dismissal allowed; Pension benefits paid during notice period not deducted from damages awarded
Court of Appeal for British Columbia (Vancouver)
CA038053, 2011 BCCA 337
Appeal dismissed
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
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