Kurik v. CAS Ventures Ltd.
Duane George Kurik
Law Firm / Organization
Not Specified
Lawyer(s)

A.D. Mardiros

CAS Ventures Ltd.
Law Firm / Organization
Not Specified
Lawyer(s)

F. Dennis

Key Facts:
Kurik worked for CAS Ventures Ltd., owned by Duane “Butch” Dennis, from January to May 2019. He claimed his exclusion from the worksite at the contractor Kyah Resources Ltd.'s request amounted to constructive dismissal. CAS attempted to have him reinstated but was unsuccessful.

Legal Issues:
Kurik argued he was constructively dismissed on May 15, 2019, when he was removed from the site without formal termination or cause. He sought damages equivalent to six months’ severance. CAS, in defense, claimed it did not act in bad faith and had no control over Kyah’s decision to exclude Kurik.

Court’s Analysis and Decision:
The court found that Kurik was constructively dismissed and entitled to reasonable notice of two months. However, the court dismissed Kurik’s claim for aggravated damages, as there was no evidence of bad faith by CAS. The court noted that CAS made efforts to reinstate Kurik and did not act unfairly.

Award:
The court awarded Kurik $24,000 in damages for lack of reasonable notice, plus pre-judgment interest. The claim for aggravated damages was denied. Kurik was awarded disbursements under Rule 14-1(10).

Supreme Court of British Columbia
S18609
Employment law
$ 24,000
Plaintiff