Robinson v. Canfor Pulp Ltd.
Brett Robinson
Law Firm / Organization
Chris Forguson Employment Law
Lawyer(s)

Chris Forguson

Canfor Pulp Ltd.
Law Firm / Organization
Lawson Lundell LLP
Canadian Forest Products Ltd.
Law Firm / Organization
Lawson Lundell LLP

Background: Brett Robinson, the former president of Canfor Pulp Ltd. (CPL), was terminated on March 5, 2018. Despite settling a wrongful dismissal lawsuit, a dispute remained regarding the accrual of "Notional Earnings" in his supplemental executive retirement plan (SERP).

Issues:

  1. Release: The court evaluated whether Robinson's claim for additional notional earnings was barred by a release he signed during the settlement of his wrongful dismissal claim.
  2. Accrual of Notional Earnings: The core issue was whether Robinson's notional earnings should have continued to accrue after his termination notice period ended on September 5, 2019.

Arguments:

  • Robinson: Asserted that notional earnings should accrue until the payout date of October 26, 2022.
  • Canfor Pulp Ltd.: Argued that the earnings should cease post the notice period per the terms of the SERP and that the release signed by Robinson covered this claim.

Held: The court ruled in favor of Canfor, deciding that Robinson's claims were encompassed by the release and, independently, the SERP did not permit earnings to accrue past the termination date. Robinson's action was dismissed, reinforcing the terms of the settlement release and SERP’s provisions.

Costs: The parties were given leave to speak to costs if unable to agree on the appropriate order. Financial terms were not specified.

Supreme Court of British Columbia
S215717
Employment law
Defendant