Case information
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36666
Sarah Kucera v. Qulliq Energy Corporation
(Nunavut) (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) |
|---|---|---|
| 2016-03-18 | Close file on Leave | |
| 2016-03-18 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2016-03-18 | Judgment on leave sent to the parties | |
| 2016-03-17 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal of Nunavut, Number 08-14-02-CAC, 2015 NUCA 02, dated April 24, 2015, is dismissed with costs. Dismissed, with costs |
|
| 2016-03-17 |
Decision on motion to extend time to file and /or serve the leave application, see judgment on leave application Granted |
|
| 2016-02-08 | All materials on application for leave submitted to the Judges, Cro Wa Côt | |
| 2016-02-08 | Submission of motion to extend time to file and/ or serve the leave application, Cro Wa Côt | |
| 2015-11-02 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2015-11-02 | Sarah Kucera |
| 2015-10-22 | Notice of name | Qulliq Energy Corporation |
| 2015-10-22 | Certificate (on limitations to public access) | Qulliq Energy Corporation |
| 2015-10-22 | Respondent's response on the application for leave to appeal, Completed on: 2015-10-22 | Qulliq Energy Corporation |
| 2015-10-13 | Correspondence received from, Nancy Shapiro dated 2015-10-13. Re: Return of the C/A order | Sarah Kucera |
| 2015-10-05 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, File opened on 2015-10-05 | |
| 2015-10-05 | Motion to extend the time to file and or serve the application for leave to appeal, (Included in the application for leave to appeal), With consent, Completed on: 2015-10-05 | Sarah Kucera |
| 2015-10-05 | Certificate (if inappropriate for a judge to take part in adjudication) | Sarah Kucera |
| 2015-10-05 | Certificate (on limitations to public access) | Sarah Kucera |
| 2015-10-05 | Book of authorities | Sarah Kucera |
| 2015-10-05 | Application for leave to appeal, Completed on: 2015-10-14 | Sarah Kucera |
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 |
|---|---|---|
| Kucera, Sarah | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Qulliq Energy Corporation | Respondent | Active |
Counsel
Party: Kucera, Sarah
Counsel
Philip E. Graham
900 - 20 Queen Street West
Toronto, Ontario
M5H 3R3
Telephone: (416) 595-2108
FAX: (416) 204-2884
Email: nshapiro@kmlaw.ca
Party: Qulliq Energy Corporation
Counsel
1000 - 330 St. Mary Avenue
Winnipeg, Manitoba
R3C 3Z5
Telephone: (204) 944-8777
FAX: (204) 947-2593
Email: rbeamish@tappercuddy.com
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Summary
Keywords
None.
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 – Constructive dismissal – Repudiation – Whether Canadian employees should feel free to express concerns with respect to conditions of work without fear of job loss – Whether an employee can repudiate an employment agreement, effectively resigning, by virtue of alleging constructive dismissal – Whether the repudiation of an employment agreement can be found in the face of an employee’s statement of a willingness to continue employment while matters are discussed with the employer.
Ms. Kucera was hired as an Executive Assistant to the President and CEO of Qulliq Energy Corporation. She worked for Qulliq from July 1, 2009 to August, 2010. Ms. Kucera claimed that she was constructively dismissed from her position while Qulliq claimed that through her conduct, Ms. Kucera repudiated the employment contract. The trial judge concluded that Ms. Kucera was not constructively dismissed and the letter sent to Qulliq by her counsel was a repudiation of the employment contract and Qulliq was entitled to accept it as such. The majority of the Court of Appeal agreed and dismissed the appeal.
Lower court rulings
Nunavut Court of Justice
08-10-749-CVC, 2014 NUCJ 02
Applicant’s action in constructive dismissal dismissed
Court of Appeal of Nunavut
08-14-02-CAC, 2015 NUCA 02
Appeal dismissed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted 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 the memorandum 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 memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
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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Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books 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 condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
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