Bad faith damages in wrongful dismissal cases: post-Wallace jurisprudence.(Canada)

From: The Advocate | Date: May 1, 2006| Author: Bhalloo, Shafik | Copyright information

Prior to the Supreme Court of Canada's landmark decision in Wallace v. United Grain Growers Ltd., (1) in a case of wrongful dismissal, damages were limited to the earnings lost during the period of reasonable notice to which the employee was entitled and did not include damages for the manner of dismissal, for injured feelings or for loss sustained from the fact that the dismissal made it more difficult for the employee to obtain other employment. However, in the Wallace decision, ...

Related newspaper, magazine, and journal articles from HighBeam Research

Bad faith damages in wrongful dismissal cases: post-Wallace jurisprudence.(Canada)
The Advocate ; Prior to the Supreme Court of Canada's landmark decision in Wallace v. United Grain Growers Ltd., (1) in a case of wrongful dismissal, damages were limited to the earnings lost during the period of reasonable notice to which the employee was entitled and did not include damages for the manner of
Wisconsin Supreme Court says injured employee can sue workers' comp administrator for bad faith
Lawyers USA ; A state workers' compensation law does not bar an employee's bad faith claim against the private firm that handles compensation claims, the Wisconsin Supreme Court has ruled. A carpenter working on a barn fell 18 feet and was seriously injured. Because his construction company didn't have workers'
Captives Face Bad Faith Risks.(Brief Article)
National Underwriter Property & Casualty-Risk & Benefits Management ; Labeled opening joke, the first slide of a presentation here on Bad Faith--Is the Captive and Risk Retention Market Immune? was blank. The panel moderator said he had come up empty handed after thoroughly searching the Internet for an appropriate joke. You can find lawyer jokes 'till the cows come
Recognize common bad faith mistakes.(Conference Spotlight)
Claims ; Bad faith claims have seen a dramatic increase recently, based upon companies' failure to settle third-party liability claims within policy limits. Relaxed standards for bad faith and trial judges' reluctance to dispose of even frivolous bad faith claims have raised the second guessing of claim
Bad faith and excess liability
Rough Notes ; Insurance company conduct on trial! The subject of bad faith got the industry's attention not too long ago with the case of Ballard v. Farmers Insurance Company, in which a Texas court awarded the plaintiff $32 million in a suit involving a claim for mold damage. The lion's share of the award was
Malpractice Issue in Florida Muddied by 'Bad Faith' Law for Insurance Firms.
Knight Ridder/Tribune Business News ; By Guy Boulton, Tampa Tribune, Fla. Knight Ridder/Tribune Business News Jul. 11--Bob White, whose company insures about 6,000 Florida doctors, has said ... c) 2003, Tampa Tribune, Fla. Distributed by Knight Ridder/Tribune Business News.
Viability of Bad-faith Dismissals under ยง707(a)
American Bankruptcy Institute Journal ; BAPCPA has certainly raised countless new issues for practitioners and the courts to address. Unfortunately, BAPCPA has not done very much in the way of resolving many pre-BAPCPA disputes. One such area is the use of a lack of good faith, i.e., bad faith, as a basis for dismissal of cases under
ADR for bad faith claims a matter of debate. (alternative dispute resolution)
National Underwriter Property & Casualty-Risk & Benefits Management ; The value of alternative dispute resolution as an efficient means of dealing with contested claims and litigation is well known to insurers (see NU, May 7, 1990). Yet ADR's efficacy in handling one type of dispute - bad faith claims - is still a matter of debate. Some claims and legal experts
Retailer that self-insures not subject to bad faith claims for arguable errors in adjusting claim involving self-insurance.(Recent Court Decisions)
Journal of Risk and Insurance ; Morrison v. Toys R Us, Inc., 441 Mass. 451,806 N.E. 2d 388 (Supreme Judicial Court of Massachusetts--April 15, 2004) An important limitation on bad faith actions, particularly when sounding in tort rather than in contract, is that they generally only apply to insurers. An ordinary breach of
Bad faith as a continuum: From claim to trial
FDCC Quarterly ; I. INTRODUCTION The concept of bad faith can only be clearly understood if viewed as a continuum. This requires that the claims handler and defense counsel look forward and backward after receiving notice of a lawsuit. The claims handling field is fraught with dangers; if the claims professional