Plaintiff
Defendant
From February 8, 1991, to May 28, 2018, the plaintiff had worked as a "consultant investment advisor" for the defendant. A dispute had arisen over whether the relationship was that of an employer/employee or an independent contractor. The defendant had joined the Mutual Fund Dealers Association of Canada in 2002, and their relationship had been governed by the association's rules. In December 2016, the association had initiated an investigation into the plaintiff's conduct. The plaintiff's 27-year relationship with the defendant had been terminated on May 28, 2018. The plaintiff had filed a lawsuit in November 2018, and the trial had been set to begin on May 1, 2023. The defendant's application to strike out certain pleadings alleging negligence and inaccurate reporting had been partly successful. The court had ruled that the defendant did not owe a duty of care to the plaintiff for conducting a negligent internal investigation. However, claims regarding wrongful dismissal had been allowed to proceed. The court had also determined that absolute privilege protected the defendant's communication with the regulatory body and had struck out the plaintiff's claims related to negligent provision of information. The plaintiff's claims of bad faith and unlawful interference with economic relations had remained valid. A hearing for the plaintiff's application had been scheduled.
Court
Supreme Court of British ColumbiaCase Number
S184687Practice Area
Labour lawAmount
Winner
Trial Start Date
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