Aldergrove Duty Free Shop Ltd. v. MacCallum
Aldergrove Duty Free Shop Ltd.
Law Firm / Organization
Rosberg Sawatzky LLP
Lawyer(s)

Adele L. Burchart

Barbara May MacCallum
Law Firm / Organization
Not Specified
Lawyer(s)

L. Moody

A. Wensel

  • Background: Aldergrove Duty Free Shop Ltd. dismissed employee Barbara MacCallum without severance, claiming COVID-19-induced border closures frustrated their employment contract.
  • Trial Court Decision: The contract's frustration was rejected; MacCallum was awarded ten months' salary for wrongful dismissal.
  • Appeal: The appeal was dismissed, affirming the contract was not frustrated by the border closure as it did not radically alter the employment obligations.
  • Cross-Appeal on CERB Deductions: The cross-appeal succeeded, ruling that CERB benefits should not be deducted from wrongful dismissal damages.
  • No financial terms specified.
Court of Appeals for British Columbia
CA48717
Labour law
Respondent