Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
41432
Gerard Michael Egan v. Harbour Air Seaplanes LLP
(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) |
|---|---|---|
| 2025-05-23 | Close file on Leave | |
| 2025-05-22 | Correspondence (sent by the Court) to, the parties, RE: Certificate of Taxation | |
| 2025-05-22 | Certificate of taxation issued to, Olivia Startup | |
| 2025-05-20 | Decision on the bill of costs, in the amount of $1,033.55, Reg | |
| 2025-05-20 | Submission of the bill of costs, Reg | |
| 2025-03-28 | Bill of costs, (Letter Form), missing: proof of service (rec'd 2025-05-14), Completed on: 2025-05-14, (Printed version filed on 2025-04-16) | Harbour Air Seaplanes LLP |
| 2025-03-07 | Judgment on leave sent to the parties | |
| 2025-03-06 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-03-06 |
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 CA49510, 2024 BCCA 222, dated June 17, 2024, is dismissed with costs. Dismissed, with costs |
|
| 2025-01-20 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-10-21 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2024-10-22, (Printed version filed on 2024-10-22) | Gerard Michael Egan |
| 2024-10-11 | Notice of name, (Printed version filed on 2024-10-15) | Harbour Air Seaplanes LLP |
| 2024-10-11 | Certificate (on limitations to public access), Form 23A, (Printed version filed on 2024-10-15) | Harbour Air Seaplanes LLP |
| 2024-10-11 |
Respondent's response on the application for leave to appeal, (Book Form), Missing: -Proof of service (rec'd 2024-10-15), Completed on: 2024-10-18, (Printed version filed on 2024-10-15) |
Harbour Air Seaplanes LLP |
| 2024-09-12 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED | |
| 2024-09-11 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2024-09-11) | Gerard Michael Egan |
| 2024-09-11 | Application for leave to appeal, (Book Form), Completed on: 2024-09-11, (Printed version filed on 2024-09-11) | Gerard Michael Egan |
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 |
|---|---|---|
| Egan, Gerard Michael | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Harbour Air Seaplanes LLP | Respondent | Active |
Counsel
Party: Egan, Gerard Michael
Counsel
Murray Tevlin
Ryan Sissons
700-1006 Beach Ave.
Vancouver, British Columbia
V6E 1T7
Telephone: (604) 674-3670
Email: stevlin@tevlingleadle.com
Agent
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: emeehan@supremeadvocacy.ca
Party: Harbour Air Seaplanes LLP
Counsel
Olivia Startup
550 Burrard Street
Suite 1400, Bentall 5
Vancouver, British Columbia
V6C 2B5
Telephone: (604) 684-6633
FAX: (604) 684-6632
Email: ntoye@harrisco.com
Agent
66 Lisgar Street
Ottawa, Ontario
K2P 0C1
Telephone: (613) 501-5350
Email: dshuhaibar@ovcounsel.com
Summary
Keywords
Employment law — Contracts — Termination of employment — Notice period — Termination clause in employment contract incorporating notice provision of Canada Labour Code — When does a termination clause displace the common law presumption of reasonable notice? — Canada Labour Code, R.S.C. 1985, c. L-2, s. 230(1).<br>
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.
The applicant, Gerard Michael Egan, was employed by the respondent, Harbour Air Seaplanes LLP, a federally regulated business governed by the Canada Labour Code, R.S.C. 1985, c. L-2 (“Code”). The applicant’s employment was terminated without cause and effective immediately on March 30, 2020. Relying on the terms of the applicant’s employment contract, which purported to incorporate the notice and severance provisions of the Code, the respondent paid the applicant a sum of money based on two weeks of salary in lieu of notice and five days of severance pay. The applicant brought an action for wrongful dismissal and sought entitlement to reasonable notice at common law. The respondent applied for judgment by way of a summary trial and sought dismissal of the applicant’s action on the basis that the termination clause in his employment contract precluded a claim for common law damages. The summary trial judge allowed the respondent’s application and dismissed the applicant’s action for wrongful dismissal. She found that the termination clause was not ambiguous, and was sufficient to rebut the common law principles regarding reasonable notice. The applicant appealed the decision. The Court of Appeal for British Columbia dismissed the appeal. By applying the practical, common-sense approach to contractual interpretation, the Court of Appeal found that the termination clause was neither ambiguous nor non-compliant with the Code and was therefore sufficient to rebut the presumption of reasonable notice.
Lower court rulings
Wrongful dismissal action dismissed.
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
Not available
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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