Saskatchewan Indian Gaming Authority Inc. v Pasap
Saskatchewan Indian Gaming Authority Inc.
Law Firm / Organization
MLT Aikins LLP
Lawyer(s)

Robert Frost-Hinz

Chadwick Pasap
Law Firm / Organization
Miller Thomson LLP

Background:
Chadwick Pasap, a facilities manager at Bear Claw Casino (owned by the Saskatchewan Indian Gaming Authority Inc. (SIGA)), was dismissed without notice on August 17, 2012. On December 14, 2012, during what should have been his reasonable notice period, he suffered a medical event, leaving him permanently disabled. He sued for wrongful dismissal and damages, including lost disability benefits.

Legal Issues:

  • Whether SIGA wrongfully dismissed Pasap.
  • Whether Pasap was entitled to damages for lost disability benefits.
  • Whether the trial judge erred in interpreting SIGA’s Long Term Disability Plan.
  • Whether Pasap was totally disabled and unable to work.
  • Whether the trial judge properly awarded moral and punitive damages.

Court Ruling & Damages:
The Court of Appeal largely upheld the trial decision, affirming that Pasap was wrongfully dismissed and entitled to damages. The total award included:

  • $1,216,764.25 for lost long-term disability benefits.
  • $43,246 for lost salary.
  • $6,486.90 (corrected from $10,084) for lost employment benefits.
  • $25,000 in moral damages.
  • $25,000 in punitive damages.
  • Costs under Column III of the Court of Queen’s Bench Tariff.

Outcome:
SIGA’s appeal was dismissed except for a minor correction in the calculation of lost employment benefits. Pasap remained entitled to all other damages and costs.

Court of Appeal for Saskatchewan
CACV4054
Labour & Employment Law
$ 1,316,497
Respondent