Mari advises both Canadian employers and U.S.-based clients with operations in Canada on matters related to litigation, employment law and human rights. She has extensive experience representing clients in disputes before the courts and administrative tribunals including wrongful and constructive dismissal claims, human rights disputes, disability-related claims, workplace sexual assault claims, and executive compensation claims.
Practice Area: Litigation - Wrongful & Unjust Dismissals
British Columbia Court of Appeal Finds Canada Emergency Response Benefit Not Deductible from Wrongful Dismissal Damages
On November 29, 2022, the British Columbia Court of Appeal released Yates v. Langley Motor Sport Centre Ltd., in which the Court of Appeal ruled that payments received by an employee under the Canada Emergency Response Benefit (CERB) should not be deducted from wrongful dismissal damages. The Court of Appeal held that broader policy considerations,…
Nigel McKechnie
Nigel has a keen interest in trial advocacy. He has developed an expertise in the rules of evidence and litigation strategy, and in applying the Rules of Civil Procedure.
British Columbia Supreme Court Finds CERB Amounts Should Be Deducted from Wrongful Dismissal Damages
On May 28, 2021, the British Columbia Supreme Court (Court) released its decision in Hogan v. 1187938 B.C. Ltd., finding that the plaintiff had been constructively dismissed after being temporarily laid off at the outset of the COVID-19 pandemic by the defendant, which operated a car dealership (Dealership). The plaintiff was laid off on March…
Danika L. Winkel
Danika represents a broad range of public- and private-sector employers—both small and large—in trials, hearings, motions, applications, judicial reviews and appeals. In addition to that work, she provides proactive, day-to-day advice to help employers avoid litigation.
Wrongful & Unjust Dismissals
Understanding and navigating issues that arise upon the termination of an employment relationship is no simple matter – particularly with ongoing changes in employment standards legislation, complex human rights issues and advances in technology.
On behalf of universities, successfully defended wrongful dismissal and constructive dismissal claims by senior administration alleging harassment and systemic discrimination.
On behalf of universities, successfully defended wrongful dismissal and constructive dismissal claims by senior administration alleging harassment and systemic discrimination.
Represented a program delivery company in an unjust dismissal complaint. Successfully asserted preliminary objection to adjudicator’s jurisdiction based on the complainant’s status as an independent contractor.
Represented a program delivery company in an unjust dismissal complaint. Successfully asserted preliminary objection to adjudicator’s jurisdiction based on the complainant’s status as an independent contractor.
Successfully defended an employer at a wrongful dismissal trial, resulting in the court dismissing the employee’s action.
Successfully defended an employer at a wrongful dismissal trial, resulting in the court dismissing the employee’s action.
Successfully represented a membership association on a motion to enforce a settlement of a wrongful dismissal action.
Successfully represented a membership association on a motion to enforce a settlement of a wrongful dismissal action.