Case information
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36434
Susan Steel v. Coast Capital Savings Credit Union
(British Columbia) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
Date | Proceeding | Filed By (if applicable) |
---|---|---|
2015-09-18 | Close file on Leave | |
2015-09-18 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
2015-09-18 | Judgment on leave sent to the parties | |
2015-09-17 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA040816, 2015 BCCA 127, dated March 20, 2015, is dismissed with costs. Dismissed, with costs |
|
2015-07-27 | All materials on application for leave submitted to the Judges, CJ Wa Ga | |
2015-06-19 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2015-06-19 | Susan Steel |
2015-06-10 | Certificate (on limitations to public access) | Coast Capital Savings Credit Union |
2015-06-10 | Notice of name | Coast Capital Savings Credit Union |
2015-06-10 | Respondent's response on the application for leave to appeal, Completed on: 2015-06-10 | Coast Capital Savings Credit Union |
2015-05-15 | Letter acknowledging receipt of a complete application for leave to appeal but without formal Court of Appeal order, File opened on 2015-05-15 | |
2015-05-15 | Certificate (on limitations to public access), (Included in the application for leave to appeal) | Susan Steel |
2015-05-15 | Application for leave to appeal, Final C/A order missing - Rec'd on 2015-05-29, Completed on: 2015-05-15 | Susan Steel |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
Name | Role | Status |
---|---|---|
Steel, Susan | Applicant | Active |
v.
Name | Role | Status |
---|---|---|
Coast Capital Savings Credit Union | Respondent | Active |
Counsel
Party: Steel, Susan
Counsel
Andres E. Barker
560-1285 West Broadway
Vancouver, British Columbia
V6H 3X8
Telephone: (604) 266-7006
FAX: (604) 734-7006
Email: richard@kentemploymentlaw.com
Party: Coast Capital Savings Credit Union
Counsel
P.O. Box 49130
2900 - 595 Burrard Street
Vancouver, British Columbia
V7X 1J5
Telephone: (604) 688-0401
FAX: (604) 688-2827
Email: hdelaney@owenbird.com
Agent
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com
Summary
Keywords
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Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Employment law – Unjust dismissal – Whether employee’s alleged breach of employer’s policy on accessing confidential documents constituted just cause for dismissal – Whether the Court of Appeal judgment alters McKinley v. BC Tel, 2001 SCC 38, [2001] 2 S.C.R. 161 and creates a lower, or truncated, legal standard to establish just cause where the employment involves an industry requiring heightened trust such as financial and banking services – Whether the Judgment raises issues of national or public importance affecting the rights of Canadian employees and employers thereby warranting leave to appeal.
The applicant was a Helpdesk analyst in the IT Department of the respondent. She was dismissed “with cause” after 21 years of employment with the respondent when she was found to have accessed a confidential document in another employee’s personal folder without permission, contrary to company policies and protocol. The document was a spreadsheet designating priorities for the limited employee parking spaces available and contained information such as pay grades and seniority dates. The applicant did not yet have a parking spot and was affected by the list. She claimed that she accessed the document to get information she knew her manager needed, although he did not ask her to get it. The respondent’s termination letter stated that the severity of the breach of trust had led it “to lose faith in your judgment” and “resulted in a serious loss of confidence” in her which had “irreparably damaged the employment relationship”. The applicant claims that while she opened the document without permission, it constituted a single lapse of judgment which did not amount to just cause for dismissal. She brought an action in damages for wrongful dismissal, and a motion for summary judgment. The respondent supported the motion for summary judgment, seeking dismissal of the action.
The Supreme Court of British Columbia granted summary judgment and held that the applicant’s conduct constituted cause for dismissal. Her action for wrongful dismissal was dismissed. The Court of Appeal for British Columbia dismissed her appeal, with Donald J.A. dissenting.
Lower court rulings
Supreme Court of British Columbia
08 3779, 2013 BCSC 527
Motion for summary judgment granted; applicant’s action in damages for dismissal without cause, dismissed
Court of Appeal for British Columbia (Vancouver)
CA040816, 2015 BCCA 127
Appeal dismissed
Memorandums of argument on application for leave to appeal
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Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
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