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DateCase NameCitationAgeYears of ServiceJob CategoryPositionNotice (months)
2024.02.23De Castro v. Arista Homes Limited2024 ONSC 1035495B. Management
Décor store manager“She had a wide range of managerial job duties including hiring staff with the approval of the Vice President of construction and President, training staff on work duties, arranging training seminars and general oversight of day-to-day operations.”
8
2024.01.08Ratz-Cheung v. BMO Nesbitt Burns Inc.2024 ONSC 1615424H. Professional
Investment advisorNo job description provided
24
2023.12.13Koshman v. Controlex Corporation2023 ONSC 70456918.5B. Management
Vice president“During his tenure with the defendant Mr. Koshman directed the operational and property management functions of the business and reported directly to Mr. Dent. He worked with significant autonomy and independence and was only required to report to Mr. Dent on certain major decisions. Mr. Koshman oversaw the development and leasing of the Ottawa Train Yards, a major shopping centre in Ottawa and a principal asset of the defendant. During the plaintiff’s tenure as Vice President the land holding assets under the defendant’s control increased from those of a small land holding company to a current value in the range of $700 million.”
24
2023.12.01Grimaldi v. CF+D Custom Fireplace Design Inc.2023 ONSC 6708500.4B. Management
Senior project manager“Mr. Grimaldi was the senior project manager and reported directly to the owner of the company. He was expected by Mr. Volpe to act like an owner in fulfilling his role. He supervised and oversaw five to seven employees. He was responsible for the production side of the business. Mr. Grimaldi was the highest paid employee of the company at the time. It was expected by the parties that he would a five percent interest in the company after the first five years of his employment.”
5.5
2023.11.10Jimmy How Tein Fat v. PRGX Canada Corp.2023 ONSC 637462 (approx)29A. Executive
VP of North America operations and global audit innovation“Mr. How oversaw the retail operations of Canada and the United States which accounted for approximately 45% of PGRX’s total revenue…Mr. How was a senior employee and was treated as such. While he might not be the “most senior” employee as he does not report to the CEO, his responsibilities and compensation establish that he is amongst the highest level of executive employees and that finding comparable employment would take more time.”
24
2023.11.07Ketch v Meadow Lake Mechanical Pulp Ltd.2023 SKKB 24146 (approx)24B. Management
Shift supervisorNo job description provided
24
2023.10.23Lynch v. Avaya Canada Corporation2023 ONCA 6966338.5H. Professional
Professional engineer“Mr. Lynch specialised in the design of software to control unique hardware manufactured by Avaya at its Belleville facility…Mr. Lynch’s job was unique and specialized, and…his skills were tailored to and limited by his very specific workplace experience at Avaya”
30
2023.10.20Oz Optics Limited v. Summers2023 ONSC 5558613.5D. Trained/Skilled
Senior draftsperson“The Respondent was in a specialized senior technical position in the fibre optics industry”
6
2023.01.30Cadrin v Dunsmuir Holdings (New Westminster) Ltd.2023 BCSC 1305835B. Management
Manager (liquor store)“She started as a clerk, and was promoted to the position of manager in 1990 or 1991 by Mr. Dhaliwal. Her duties as manager included selecting new products, placing orders, receiving shipments, and handling transactions…In my view, the plaintiff’s role did involve a low level of managerial duties. The evidence shows she was in charge when Mr. Dhaliwal was away from the premises, and she was involved in training sales clerks. She also met sales representatives, selected new products for the store, placed and received liquor orders and determined how best to display products. There is evidence that other similar jobs in private liquor stores were available in the Chilliwack area.”
20
2023.01.26Milwid v. IBM Canada Ltd.2023 ONSC 4906238B. Management
Offering manager (internet of things subunit)“The plaintiff was a Band 10 Offering Manager in IBM’s Cloud and Cognitive Software Business Unit in the Internet of Things Offering Management Sub-Unit…the plaintiff’s job had been technical but specialized and geared towards the defendant’s company…The plaintiff was not in an executive role with the company, but was a management employee at the director level, or a Band 10 employee…just below an executive, responsible for leading a business unit, though no one reported directly to him. He assumed significant responsibilities, working with the company’s partners to develop and implement market adoption strategies and supported the company’s marketing team and user-end marketing teams. In the two years before he was terminated (for 2018 and 2019), he was responsible for overseeing a group of offering managers.”
26
2023.01.05Chu v China Southern Airlines Company Limited2023 BCSC 21688B. Management
Marketing and business development manager“As Marketing and Business Development Manager, the plaintiff’s work focused on establishing and building CSA’s business in Canada. The plaintiff regularly met with senior corporate management representatives from CSA’s head office in China…During this time, he worked closely and harmoniously with the GM, Ms. Chen. Ms. Chen was a proponent of promoting CSA’s business by building good relations with the local community, including local businesses and industry organizations…Even after the plaintiff was transferred to low-level positions, CSA continued to rely on the plaintiff for senior management duties”
20
2022.11.02MacCallum v Aldergrove Duty Free Shop Ltd.2022 BCSC 24997810I. Customer Service
Retail sales clerk/janitorial“Her position was effectively entry level”
10
2022.10.04Frederiks v Executive TFN Waterpark Limited Partnership2022 BCSC 1725453B. Management
General manager“Mr. Frederiks had responsibilities in mid-to-senior management duties including sales, budgeting, health and safety, security, and construction…This is an age where employees are seen as seasoned if they have significant experience, as Mr. Frederiks does in the business of managing recreational and/or entertainment facilities. Mr. Frederiks had responsibilities in mid-to-senior management duties including sales, budgeting, health and safety, security, and construction.”
10
2022.08.12Burd v Tahtsa Timber Ltd.2022 BCSC 137266 (approx)16E. Trades/Manual Labour
Commercial truck driver“The plaintiff submits that his work as a logging truck driver involved significant responsibility in that he was required to operate a large piece of equipment on public roadways in a manner that protected the safety of himself and other road users.”
15
2022.03.02Reotech Construction Ltd. v Snider2022 BCSC 31741 (approx)2.3E. Trades/Manual Labour
General labourerNo job description provided
4.5
2021.10.04Verigen v Ensemble Travel Ltd2021 BCSC 1934581.1G. Sales/Marketing
Business development director“The Business Development Director is responsible for identifying and bringing on new member travel agencies along with supporting and deepening the Ensemble relationship with current members within a defined geographic area…the position was described in terms suggesting that she would have a moderate level of responsibility and some managerial duties, although she had no one reporting to her. The position required some experience in the travel industry but it does not appear to have involved quite the same degree of specialization”
5
2021.06.25Andrews v Allnorth Consultants Limited2021 BCSC 124660 (approx)14H. Professional
Senior mechanical designer“The plaintiff has the professional designation of an Applied Science Technologists, Mechanical…The plaintiff began working for the defendant on February 20, 2006 as a Senior Mechanical Designer and was involved in the design of conveyors and material handling systems for pulp mills.”
14
2021.06.03Ehman v. Preston Chevrolet Buick GMC Cadillac Ltd.2021 BCSC 10336813J. Other
Service dispatcher“As a Tower Operator, Mr. Ehman was responsible for controlling and distributing the flow of work to Preston’s service departments. Mr. Ehman’s job was to maximize shop productivity and ensure that all vehicles advanced through the shop in a timely and efficient manner. He also administered warranties, monitored the availability of technicians and used internal repair orders and predelivery inspections to help reach production goals.’
18
2021.04.16Goetz v Instow Enterprises Ltd.2021 BCSC 7095331G. Sales/Marketing
Commercial sales representative“I find that, although Mr. Goetz was a senior corporate sales representative, responsible for specialized sales, he was not a manager. He had no authority over hiring, firing, disciplining or supervising employees, and he was not responsible for managing financial matters such as overseeing a budget…A CSR is responsible for acquiring new commercial accounts, growing established commercial accounts, and maintaining good customer relations through solution-based selling methods and exceptional customer service.”
18
2021.04.14Younesi v Kaz Minerals Projects B.V.2021 BCSC 614NA0.2H. Professional
Engineering managerNo job description provided
4
2021.04.01Wong v Polynova Industries Inc.2021 BCSC 60369 (approx)15E. Trades/Manual Labour
MachinistNo job description provided
15
2021.03.30Wilkinson v Valgold2021 BCSC 5726312A. Executive
President and chief executive officer“As President and CEO he was clearly the senior executive of a public company”
18
2021.03.05Wilson v Pomerleau Inc.2021 BCSC 38864 (approx)10B. Management
Chief estimator“Mr. Wilson was responsible for the management, supervision, training and mentoring of personnel in his department for the BC region. He worked with a team of 2-6 estimating staff who reported to him. Mr. Wilson and his team developed work plans, time schedules, risk analysis and cost estimates for medium to large scale construction projects with a total approximate value of $300 million annually…I agree that Mr. Wilson had supervisory duties, particularly as Pomerleau’s Chief Estimator for the BC Region. Mr. Wilson’s more difficult proposition, however, relates to his arguments that his narrow specialization in the estimating field will be a detriment to him finding future employment.”
18
2021.02.03Adriano v 0886899 B.C. Ltd. (Kartners Bathroom Accessories)2021 BCSC 16653 (approx)5J. Other
Bookkeeper/administrative/inside sales support“I find that overtime Mr. Adriano performed an enhanced bookkeeping/administrative role, along a fairly wide range of other responsibilities related to suppliers, customers and freight forwarders. While Mr. Adriano completed some interviews and even some hiring, it is clear he never fulfilled a middle or senior management role and was not responsible for supervising other employees, except perhaps one temporarily. Although Mr. Adriano was encouraged to use the title of controller, he did not have the qualifications or the skills to fulfill this role when the size of Kartners’ operations grew. By the time he was dismissed, Mr. Adriano had been assigned to perform an inside sales support role.”
6
2021.01.27Koski v Terago Networks Inc2021 BCSC 1173813B. Management
Customer success manager“As a Customer Success Manager, Mr. Koski reported to the Director of Customer Experience. Mr. Koski was responsible to foster and maintain relationships with Terago clients with a view to renew and expand their contracts. In order to fulfil his responsibilities, Mr. Koski supervised six employees across Canada. However, there is no evidence that Mr. Koski had any other management responsibilities such as hiring and firing employees, establishing budgets or directing work schedules.”
13
2020.12.22Fobert v MCRCI Medicinal Cannabis Resource Centre Inc.2020 BCSC 2043251.5I. Customer Service
Intake specialist“Without indicating whether she had prior technical training or experience, she said her job as an intake specialist had many technical aspects to it but did not identify them. Although she trained newer intake workers, she had no management responsibilities…Without diminishing the importance of the job, it was essentially a front line position”
2
2020.12.17Mohammed v Dexterra Integrated Facilities Management2020 BCSC 2008511.4B. Management
Supervisor of cleaning staff“Dexterra says that even though Mr. Mohammed was a supervisor, his position was non-managerial; he lacked the authority to hire, fire, discipline, and to be involved with payroll…Mr. Mohammed was responsible to ensure the crew of six to eight workers in his unit properly carried out their tasks. His role was particularly important to Dexterra given its maintenance staff’s performance issues at Tsawwassen Mills Mall.”
5
2020.11.04Hrynkiw v Central City Brewers & Distillers Ltd.2020 BCSC 1640566.3A. Executive
Chief financial officer“As the CFO of Central City, he occupied a position of seniority. He is a qualified accountant with many years of experience in the field of accounting.”
12
2020.05.08Chung v Quay Pacific Property Management Ltd.2020 BCSC 714532.25A. Executive
Chief financial officer“He had specialized employment skills as an accountant…Mr. Chung functioned in an executive position, consistent with his title of chief financial officer and his professional qualifications”
9
2020.04.29Wiltse v. Seastar Chemicals ULC2020 BCSC 658NA17B. Management
Production managerNo job description provided
16
2020.02.14Virk v. Satnam Education Society of B.C.2020 BCSC 1494112H. Professional
Vice principal“The vice principal in charge of the Khalsa Primary School. This was an academic position.”
12
2019.07.03Liebreich v Farmers of North America2019 BCSC 10744914A. Executive
Acting chief operating officer“The plaintiff held many positions, some of which included senior management positions. Her positions at FNA and its various affiliates included: Director of Development for the Pacific Northwest; Southern Alberta Territory Manager; Business Development Manager; Program Development Manager; Member Service Manager; and, at the time of her dismissal, Acting Chief Operating Officer. She exercised authority and responsibility in all of these roles and was an integral part of FNA and several of its affiliates.”
15
2019.04.08Valle Torres v Vancouver Native Health Society2019 BCSC 5235520B. Management
Project manager“The plaintiff was a mid-level manager with considerable responsibility in the defendant organization. He supervised a staff of 37 and oversaw a number of programs…In that capacity he was responsible for Aboriginal early childhood programs, family support services, Aboriginal child development, the daycare and a family violence program. His responsibilities included overseeing day to day operations of the programs, supporting team leaders and the supervisor of the daycare, and networking with other public service agencies.”
24
2019.03.01Booton v Synergy Plumbing and Heating Ltd.2019 BCSC 27640 (approx)4.5B. Management
Plumbing service managerNo job description provided
6
2018.12.21Spalti v. MDA Systems Ltd.2018 BCSC 229655 (approx)13.6G. Sales/Marketing
Sales director“Its market is international and its customers for the software include the U.S. Air Force and other governmental entities and commercial customers. Mr. Spalti was responsible for these sales…Successful sales could require him to negotiate agreements with major aerospace companies such as Boeing. Concluding a multi-year contract might require years of research and lengthy negotiations. Mr. Spalti was responsible for approximately $100 million of sales revenues between 2013 and his dismissal in July 2018…Mr. Spalti was not a manager. No one reported to him. He was not responsible for the expenditure of company funds. He was, however, very much involved in the budgeting of company revenues through the preparation of projections of future sales that management relied upon…In short, Mr. Spalti was a senior sales executive with substantial responsibility for an important facet of MDA’s operations involving the sale of a specialized product into a niche international market. He was not senior management, but he reported to senior management.”
16
2018.12.11Avelin v. Aya Lasers Inc.2018 BCSC 231347 (approx)0.6G. Sales/Marketing
Sales representative“Ms. Avelin was a short-term employee responsible for sales, and her function was significant for her employer, though she was not senior management”
4
2018.10.09O.W.L. (Orphaned Wildlife) Rehabilitation Society v. Day2018 BCSC 17246330B. Management
Founder/head of operations“Her responsibility to manage the overall operations of O.W.L. as well as her ongoing and substantive fundraising and public relations activities (both on and off site) and bird rescue activities which mainly occurred after hours at night…its founder and head of its operations for approximately 30 years (including her 18-year tenure as its paid executive director in charge of all of its operations) and her narrow field of expertise”
26
2018.09.27Chapple v. Big Bay Landing Ltd. (Inc. No. 0764163)2018 BCSC 1666612.2B. Management
Remote resort manager“It is agreed that the plaintiff was responsible for a budget of about $1 million. He has deposed that his duties included hiring and firing of staff, setting policy and direction for food and beverage services, coordinating guest services, designing plans for a 75-seat restaurant, being responsible for safety of staff and guests, purchasing supplies, overseeing construction projects such as a new kitchen, overseeing boat sales and purchases and representing the defendant on local community and government boards. He reported to Mr. Mailman, the president and controlling shareholder of the defendant.”
9
2018.09.04Corey v. Kruger Products L.P.2018 BCSC 1510572.6B. Management
Maintenance supervisor“He was directly responsible to supervise two machinists, and shared supervision of a team of 12 millwrights. He also sometimes supervised “lead hands”, who themselves had supervisory responsibilities. Some of these workers were making $41.90 per hour, or approximately $87,000 per year. Mr. Corey was in the first layer of management…He was directly responsible to supervise two machinists, and shared supervision of a team of 12 millwrights. He also sometimes supervised “lead hands”, who themselves had supervisory responsibilities. Some of these workers were making $41.90 per hour, or approximately $87,000 per year.”
8
2018.08.29Greenlees v. Starline Windows Ltd.2018 BCSC 1457430.5G. Sales/Marketing
Sales professional“This position will play a pivotal role in expanding our new and renovation construction window sales. Ensuring success in maintaining and growing market share in these areas…Mr. Greenlees’ responsibilities were to be those of a front-line salesperson in the Lower Mainland.”
6
2018.03.09Tymko v 4-D Warner Enterprises Ltd.2018 BCSC 372523J. Other
Switchman/trackmobile operator“The switchman and trackmobile operator are responsible for moving railway cars in the MacKenzie Pulp Mill rail system. While the trackmobile operator sits in the trackmobile in a switch seat in a cab, the switchman is located at the rear of the train. The trackmobile operator is responsible for the forward and reverse movement of the train and applying air to the brake system to stop the train’s movement. The trackmobile operator also keeps the trackmobile in good condition and monitors the speed of the trackmobile…The duties of a switchman include ensuring the crossings are clear; working in a safe manner; ensuring brakes are on the train cars; and the movement of rail cars. The switchman monitors crossings and ensures it is safe to continue movement and direction of the train.”
2
2018.01.15Frith v. IBM Canada Limited/IBM Canada Limitee2018 BCSC 1223819B. Management
Senior services program leader“He was in what IBM called Band 9…Band 9 were senior program managers…The BC Government Health Services Sector was a large client account for IBM. Mr. Frith served as the primary day-to-day contact for IBM with that client. The account was called the Health Shared Services BC (“HSSBC”) account, and is now called the BC Clinical and Support Services (“BCCSS”) account. For 2015, the assigned budget for the account was $33,786,000 US. The assigned revenue target was $34,481,000 US. IBM employed over 375 full-time staff in supporting the BCCSS account. Those people did not report to Mr. Frith, but the financial budget and revenue target meant that he had at least some responsibility for the work they were doing. For the three years in which Mr. Frith was the Senior Services Program Leader for the BCCSS account, that is, part of 2013, and 2014 and 2015, he met or exceeded the revenue and gross profit targets for the account, and received incentive bonuses accordingly.”
19
2017.11.23Ensign v Price’s Alarm Systems (2009) Ltd.2017 BCSC 21376312.5G. Sales/Marketing
Medical alert advisor“As a Medical Alert Advisor Mr. Ensign’s duties and responsibilities included:
• soliciting customers and selling medical alert systems to them;
• responding to “leads”, where potential customers had contacted the Company indicating interest in a medical alert system;
• signing customers up to contracts and installing the medical alert equipment in the customer’s home; and
• providing follow-up service and advice to customers following installation of the system.”
12
2017.08.29Sletmoen v Nafco Manufacturing Co. Ltd.2017 BCSC 17265218.3E. Trades/Manual Labour
Machine operator“As a machine operator, the plaintiff operated a vertical boring mill, forklifts, overhead hoists…was trained to operate a boring mill, bowl pressing, and jaw pressing during the course of his employment with Manufacturing”
16
2017.06.16Buchanan v Introjunction Ltd.2017 BCSC 100227 (approx)0D. Trained/Skilled
Web designer“He holds a certificate in new media design and web development from the British Columbia Institute of Technology and has worked in the web design field for over five years.”
1.5
2017.05.10Glimhagen v GWR Resources Inc.2017 BCSC 76164 (approx)12H. Professional
Accountant/bookkeeper/corporate secretary“From 1998 through to mid-2010, the plaintiff provided accounting services to the defendant. He prepared quarterly financial reports and put financial information together so that the firm’s auditor could issue its year-end reports. The plaintiff also prepared corporate documents for review and filing by the firm’s solicitors. When assessing the nature of this latter task, it is useful to understand that the defendant was (and still is) a publicly traded company.” [Job title changed after 2010, but duties remained roughly the same]
“The physical bookkeeping that the plaintiff performed for the defendant was done at the defendant’s direction.”
“The defendant also required the plaintiff to ensure that its corporate filings and account keeping complied with the policies and regulations of the TSX.”
12
2017.03.07Sollows v. Albion Fisheries Ltd2017 BCSC 376592.75A. Executive
President“Mr. Sollows was hired into a senior management position. As president of the company he was effectively the most senior manager. “
10
2017.02.09Ram v. The Michael Lacombe Group Inc.2017 BCSC 2125524I. Customer Service
Cook (fast food)“She was a cook at a fast food restaurant. This is a low-level position, with little responsibility and no decision-making authority.”
12
2016.12.15Bishop v. Rexel Canada Electrical Inc.2016 BCSC 235161 (approx)27F. Office/Clerical
Buyer“Mr. Bishop was a buyer in Rexel’s purchasing department. His duties consisted of reviewing his vendor list and creating temporary purchase orders to replenish inventory on a daily basis…He was a buyer in Rexel’s purchasing department, which is largely similar to a clerical position.”
20
2016.11.03Schinnerl v. Kwantlen Polytechnic University2016 BCSC 202648 (approx)8.5H. Professional
Director of international programs and exchangesNo job description provided
10
2016.10.24Price v. 481530 B.C. Ltd2016 BCSC 194044 (approx)19B. Management
Clinic manager“As manager of 481, Mr. Price was responsible for its day-to-day operations, including managing staff, marketing, bookkeeping, and making payments to Canada Revenue Agency (“CRA”) and the landlord.”
“His managerial duties also included advertising and selling treatment services to clients. Clients entered into contracts, paying in advance for products and services. The cost would range from $1,500 to $4,000 or $5,000. The products, including shampoo, conditioner, and other treatments, were supplied by one of Mr. Robson’s subsidiary companies.”
“Mr. Price was not, however, responsible for accounting nor did he receive copies of the financial statements for the Vancouver location.”
“The flow of product to the Vancouver location and the accounting was managed by Mr. Robson. Other than that, Mr. Price had a significant amount of autonomy in the day-to-day operations of 481. Mr. Price and Mr. Robson had a very close relationship, with regular phone conversations about the business and their families.”
“was employed for close to 20 years in a senior management position”
20
2016.10.13Smith v. Pacific Coast Terminals Co. Ltd2016 BCSC 18764816.5H. Professional
Manager of maintenance/engineering“Mr. Smith is a professional engineer and was responsible for the maintenance department and the engineering department of the defendant…As manager of maintenance and engineering, Mr. Smith was responsible for the engineering and maintenance activities of the company, including labour relations, and the maintenance and capital construction at the defendant’s terminal facilities. Mr. Smith had limited signing authority but was involved in regular discussions with other senior employees of Pacific Coast involving planning, budgeting and the overall operations of Pacific Coast. This included its large construction projects.”
19
2016.09.13Mudrovcic v. Engenuity Manufacturing Solutions Ltd2016 BCSC 25734819B. Management
Project management team leader“I am satisfied that the plaintiff had a very responsible senior position with the defendant. She was one of only two persons at the second tier of management of the defendant and as I understand her evidence was responsible for overseeing the obtaining of and execution of the plaintiff’s contract work, which formed the basis of the defendant’s business.”
21
2016.08.19Gust v. Right-of-Way Operations Group Inc.2016 BCSC 1527311.1J. Other
Jack of all trades“…responsible for inventory and materials management for the electrical transmission line, tracking shipments and predicting shortages, organizing and planning the storage yard, managing deliveries, trucks and personnel bringing materials to the site…no one at the yard was directly reporting to him and he “wasn’t necessarily a boss”. Generally, the plaintiff appears to have provided a broad, but not specialized skill set for his employer…responsibilities commensurate with a low-level supervisory position”
2
2016.08.18TCF Ventures Corp. v. The Cambie Malone’s Corporation2016 BCSC 1521NA3.6A. Executive
Chief financial officer“In his role, Mr. Fernback had a number of significant functions. He was the direct supervisor of a number of employees and was granted a substantial amount of autonomy in his role…At that time, Mr. Fernback was, in addition to performing the CFO function, engaged in a project to raise capital to develop properties as part of the CMC group’s activities.”
9
2016.08.11Logan v Numbers Cabaret Ltd (Hamburger Mary’s) (“Bocking”)2016 BCSC 147343 (approx)18I. Customer Service
WaitressNo job description provided
14
2016.08.11Logan v Numbers Cabaret Ltd (Hamburger Mary’s) (“Logan”)2016 BCSC 147355 (approx)18I. Customer Service
CookNo job description provided
14
2016.07.18Cheong v. Grand Pacific Travel & Trade (Canada) Corp2016 BCSC 13215913G. Sales/Marketing
Director, sales and marketing“She held the position of Director, Sales and Marketing and was responsible for developing the sales and marketing plan for the entire business in North America. Her duties included developing markets across Canada and in the United States; negotiating contracts with hotels and suppliers; overseeing daily sales and operations; organizing seminars and presentations for US and Canadian retail agents; developing and formulating business strategies; conducting sales and marketing for both the Canadian and US markets; creating annual advertising budget reports for the CEO; and attending travel shows. She had six direct reports who were located in Vancouver, San Francisco, Los Angeles and Hong Kong. She reported directly to the CEO, Wilson Wong. Her position was a senior-level position within the defendants’ organization. However, there was no clear evidence as to the scope of her actual decision-making authority.”
14
2016.05.25Waterman v Mining Association of British Columbia2016 BCSC 92145 (approx)4A. Executive
Vice president of environment and technical affairs“Ms. Waterman was a senior manager who operated with a high level or responsibility and discretion…As Vice President, Environment and Technical Affairs, Ms. Waterman was the second highest ranking employee of MABC reporting directly to the President. She was responsible for providing advice and recommendations to the President and to lead the implementation of approved recommendations; supervising and directing the work of consultants; acting as the spokesperson for MABC with external organizations; liaising with external organizations including government; providing advice and support to members on specific projects; providing strategic leadership and was expected to sit on a number of MABC committees and boards.”
10
2016.05.12Saliken v. Alpine Aerotech Limited Partnership2016 BCSC 83254 (approx)1.25E. Trades/Manual Labour
Helicopter mechanic“Although I use the term “helicopter mechanic” in these reasons, the plaintiff’s official title was “aircraft components technician”. His duties included the overhaul and maintenance of various helicopter components including rotors, transmissions, gear boxes, blowers and flight control parts. Parts were received into the components shop with a work order attached. Depending on the work order, the parts were either inspected or fully overhauled.”
6
2016.03.04Luchuk v Starbucks Coffee Canada Inc2016 BCSC 8304818B. Management
Senior regional manager (partner and asset protection)“Mr. Luchuk had four people who reported to him. Each of them had the title “Partner and Asset Protection Manager”. They were based in four different Canadian locations: Vancouver, Calgary, Toronto, and Montreal. Mr. Luchuk’s position was overall responsibility for the safety and security at all the Canadian Starbucks locations. There are 900 to 1,000 of them. The precise number was not entirely clear on the evidence…Mr. Luchuk also had responsibilities in Latin America and South America. Largely he served as a resource in helping with ideas and plans, but he estimated that five to ten percent of his job involved the Latin American market. He did some travelling in connection with these job responsibilities. Over the years, he went to Chile twice, to Brazil twice, to Puerto Rico three times, and to Mexico once in connection with his job.”
18
2016.02.16O’Dea v Ricoh Canada Inc2016 BCSC 235577G. Sales/Marketing
Salesperson“Mr. O’Dea’s job was to sell Ricoh’s copiers and other office equipment or supplies. He had no supervisory or managerial responsibilities, and notwithstanding his degree in economics, his position with Ricoh did not approximate that of the “… highly skilled graduate engineers whom B.C. Hydro was satisfied to employ in responsible positions” as were the plaintiffs in Ansari”
9
2015.11.03TeBaerts v Penta Builders Group Inc2015 BCSC 200831 (approx)11B. Management
Project consultant/account manager“Ms. TeBaerts only ever performed project consulting, design and account management duties at Penta.”
12
2015.10.14McLeod v Lifelabs BC LP2015 BCSC 185749 (approx)25.5B. Management
Process improvement manager“The plaintiff’s last position with the defendant was as process improvement manager. She provided a support function for other managers. She was senior to them in her experience with the defendant although the senior designation was removed from her title with this position. The plaintiff had no one reporting to her directly as she did formerly…The plaintiff did not have as broad a scope of duties, including budget responsibilities, as other individuals of similar age who received longer notice periods.”
18
2015.09.11Lau v Royal Bank of Canada2015 BCSC 1639305H. Professional
Account manager (bank)“He was an AM whose role is to work closely with RBC clients. He did not supervise any employees or have any employees reporting to him.”
9
2015.08.27Liboiron v IBM Canada Ltd2015 BCSC 15235732D. Trained/Skilled
Technical services professional“Mr. Liboiron describes himself as having been responsible for providing technical support regarding the use and operation of IBM’s products and services, including the installation and maintenance of computer hardware and software. He also provided technical support in respect of Air Canada’s self-service registration kiosks. He generally worked independently with limited oversight.”
20
2015.07.29Kong v. Vancouver Chinese Baptist Church2015 BCSC 1328NA1.8J. Other
Senior pastor“The Senior Pastor must lead the Church, help manage the Church, preach to the congregation, and conduct him or herself in an exemplary manner at all times. In addition, a Senior Pastor must have been called by God. Article II(A)(2) of the VCBC Bylaws reflects these general qualifications. The role of Senior Pastor is a unique type of employment.”
12
2015.07.07Dhatt v Kal Tire Ltd2015 BCSC 11775323E. Trades/Manual Labour
Senior mechanic“Although the plaintiff was not a manager, he was the senior mechanic at the Metrotown location and was responsible for mentoring some of the younger mechanics.
21
2015.06.30Nikkel v The College of Pharmacists of British Columbia2015 BCSC 17205715.5H. Professional
Pharmacy inspector“Her position at the College involved the inspection of pharmacies. Her role was to inspect pharmacies for legislative and College compliance. She did not audit pharmacists’ practices.”
16
2015.04.22Sowden v. Manulife Canada Ltd2015 BCSC 629 NA20G. Sales/Marketing
Regional marketing director“She was responsible for the recruiting and retention of financial advisors for the British Columbia portion of Manulife’s national network of advisors…The plaintiff’s duties included persuading advisors affiliated with other companies to move to Manulife, bringing with them their clients and the clients’ investment portfolios…Once advisors joined Manulife, the plaintiff was required to remain in contact with them and ensure they were satisfied.”
20
2015.04.21Burns v Lyons2015 BCSC 60531 (approx)0.2B. Management
General Manager (restaurant)The plaintiff was a novice general manager of a start-up restaurant
2
2015.04.07George v Cowichan Tribes2015 BCSC 51354 (approx)33B. Management
Associate director (child and family services)“As part of her responsibilities in this position, she supervised six managers and their teams of social workers, worked on the budget and developed and implemented policies. She had no direct role in the apprehension of children.”
20
2015.03.26Johnson v Marine Roofing Repair & Maintenance Service (2003) Ltd2015 BCSC 4726524B. Management
Manager (roofing business)“For the majority of his employment, Mr. Johnson was responsible for managing the day-to-day affairs of Marine. He had the authority to hire and fire employees (and did so), and made virtually all the decisions of the repair division for most of its existence. Gary Moss’s oversight of Mr. Johnson’s work was minimal…Mr. Johnson did site visits for a wide variety of jobs. He did not keep track of these site visits in any formal or organized way…The repair crews under Mr. Johnson’s supervision were generally comprised of two to three individuals each, inclusive of a lead man or foreman. At any given time Mr. Johnson was responsible for the supervision of four or five crews. The total number of employees supervised by Mr. Johnson varied, but he was responsible for the supervision of up to 20 employees at any one time.”
24
2015.03.25Steinebach v Clean Energy Compression Corp2015 BCSC 46048 (approx)19.5G. Sales/Marketing
Vice-president of business development“While the plaintiff submits that his role as Vice President Business Development Canada carried a high level of importance, he acknowledged that he did not have supervisory responsibilities…The plaintiff submits, and I agree, that while he held a sales position, his position required a degree of specialized skill and knowledge that would not be required if the position was merely to sell the defendant’s products. Similar to Sciancamerli, he had “familiarity with the equipment, jargon and technical needs” of the CNG systems to warrant a degree of specialized skill and I am satisfied that this justifies a longer notice period for the plaintiff.”
16
2014.11.19Kim v International Triathlon Union2014 BCSC 2151341.8G. Sales/Marketing
Senior communications managerSenior communications manager in a non-supervisory role
5
2014.10.07Sciancamerli v Comtech (Communication Technologies) Ltd2014 BCSC 2140570.8G. Sales/Marketing
Senior Account Executive (sales)“I agree that the position was primarily a sales position but Comtech was looking for someone with specific knowledge in the industry. It is highly unlikely someone without any familiarity with the equipment, jargon and technical needs of telecommunications systems would be considered an attractive candidate for the job based on sales experience alone. The plaintiff was an ideal candidate because of his combination of sales and technical knowledge.”
5
2014.08.19Morris v ACL Services Ltd2014 BCSC 1580527.5D. Trained/Skilled
Senior software developer“This is a technical role which involves writing computer code. It requires working in a variety of computer languages, protocols and architectures. A degree or diploma in a relevant field or equivalent experience is normally required. A senior software developer is a developer with more experience who can be a resource or a mentor for the junior members of the team. Mr. Morris mentored three to four junior people on a regular basis. A senior person is expected to take the lead in software design and development. It is not a managerial position.”
10
2014.07.31Dodge v Signature Automotive Group Ltd2014 BCSC 14525920G. Sales/Marketing
Senior financial services manager (car dealership)“Mr. Dodge’s title working at the Defendant’s business was senior financial services manager, although he was not primarily a manager in the ordinary sense of the word…After a car sale was made between one of the Defendant’s salespeople and a customer, the customer was directed to Mr. Dodge. He worked in an office space at the same location as the salesperson, in the Defendant’s retail site at the Richmond Auto Mall, located in Richmond, just south of Vancouver. After agreeing to buy the car, the customer sat down with Mr. Dodge, who then completed the necessary papers to conclude the transaction. Mr. Dodge also had a sales function at that stage. He offered to customers automobile appearance protection packages and a variety of leasing, insurance, warranty and financing options for their new cars…The Plaintiff’s employment did not require him to obtain potential clients. They were ushered into his office by the salespeople. The Plaintiff then however had to draw upon his own sales experience to persuade the car buyers to purchase the available financing and warranty packages the Plaintiff was selling. The Plaintiff’s position was more that of a salesperson than a manager, although I accept that he probably managed the other financial services manager, and financing generally, at the Defendant’s dealership where he worked.”
17
2014.07.28Khan v All-Can Express Ltd2014 BCSC 1429NA5E. Trades/Manual Labour
Courier truck driver“The general organization of the operation is that there were, at the relevant time, approximately 20 vehicles servicing the company’s customers. The work is divided into a number of routes. Drivers are assigned to those routes and have responsibility for providing service to the customers on the route.”
4
2014.07.09Younger v Canadian National Railway Company2014 BCSC 12584927B. Management
Assistant superintendent mechanical“The ASM was responsible for the day-to-day activities of the locomotive and car shops, specifically the number of locomotives and cars being serviced or repaired, as well as monitoring compliance with safety, budget, and productivity guidelines. He oversaw approximately 100 employees. It was one of only two ASM positions in the province at the time.”
24
2014.06.12Nicholson v Masonite International Corporation2014 BCSC 1247452.5H. Professional
Chartered accountant “with mid-level management duties”“The plaintiff was a mid-level manager entrusted with significant financial and accounting responsibility at Masonite and expected to manage a small staff of accounting professionals and clerks.”
6
2014.05.29Ostrow v Abacus Management Corporation Mergers and Acquisitions2014 BCSC 938400.75H. Professional
Senior manager (US tax specialist)“Senior Manager with Abacus’ Structured Financial Solution Group, specializing in US taxation and working on multimillion-dollar transactions. The contract described his position as “senior, fiduciary, specialized and unique”…Mr. Ostrow did not have any supervisory responsibilities, but provided tax advice to structure high-level financial transactions. He has two Masters Degrees specific to this role, one in International Economics and Finance and the other in Business Taxation, as well as nineteen years’ experience in the international tax industry. Mr. Ostrow is a highly educated and specialized professional.”
6
2014.05.09Collette v AMV Enterprises Ltd2014 BCSC 816546B. Management
Restaurant manager“Mr. Collette was the senior management representative at the restaurant and was responsible for directing and supervising staff, overseeing the operations of the restaurant and ensuring that all monies were properly accounted for. He occupied a position of trust.”
6
2014.03.07Stanley v Advertising Directory Solutions Inc2014 BCSC 3765115.2B. Management
Executive director of finance“She was 51 years old when she was dismissed and occupied a very senior position in a large company…She was handpicked for the job by Mr. Cepak because he knew that the company was on the cusp of a substantial expansion which would challenge the skills and abilities of any director of finance. She was among the three highest paid employees of Dominion.”
19
2014.03.07Cho v Micros-Fidelio Canada Ltd2014 BCSC 63947 (approx)16C. Administrative/Coordinators
Senior office administrator and bookkeeper“She was promoted in 1999 to the position of senior office administrator and bookkeeper in which she was engaged in a number of accounting, bookkeeping and administrative functions…Her bookkeeping and office administration skills were essentially learned through her job experience.”
12
2014.02.28Oliver v Sure Grip Controls Inc2014 BCSC 321539.2G. Sales/Marketing
Marketing manager“They delegated almost full responsibility for the operation of Sure Grip to the management team composed of the plaintiff and two other managers employed by Sure Grip. Although the management team was not able to hire or fire, without exception, the management team’s recommendations as to hiring and firing were accepted”
“In January of 2006, the plaintiff was a member of the three-person management team. Sure Grip’s shareholders, the Kornelsons, had moved to Victoria. The management team were responsible for the day-to-day operations of sure Grip’s plant. The main thrust of the plaintiff’s position was marketing and sales. The management team were entitled by total consensus “to override an established policy or process”.”
“In 2005, the plaintiff supervised one employee, three employees in 2008 and in 2011, two employees.”
12
2014.01.07Hooge v Gillwood Remanufacturing Inc2014 BCSC 115736B. Management
Production supervisor“Mr. Hooge was one of two production supervisors in a relatively small company, having the responsibility to supervise a relatively small work force of unionized employees in one of the two mills operated by Gillwood. Mr. Hooge was engaged in day to day management, including being involved in grievance issues. He was responsible for quality control in the part of the Mill that he supervised. Mr. Hooge was also involved in dealing with customers and ensuring that production targets were met. Mr. Hooge was also on call for security calls and fire alarms.”
18
2013.12.03Nicholls v Columbia Taping Tools Ltd2013 BCSC 220149 (approx)5G. Sales/Marketing
Account manager“He was an account manager for the defendant, which was a sales position…The position did not involve supervising any other employees, but it was a managerial position, and the plaintiff was a member of the managerial team.”
8
2013.09.18Haff v Valeant Pharmaceuticals International, Inc2013 BCSC 17205713G. Sales/Marketing
Regional sales manager“By 2009, she had assumed full-time management responsibilities and she was given the title of Regional Aesthetic Sales Manager (Canada West)…Ms. Haff was employed in what I would characterize as a mid-level management position with some supervisory responsibilities.”
16
2013.07.15Ellerbeck v KVI Reconnect Ventures Inc2013 BCSC 1253593.5H. Professional
Corporate controller (CMA)“I find that Ms. Ellerbeck held a senior level management position. She reported directly to the president and CEO. She was the senior financial officer of the defendants’ organizations which in large measure are in financial services. The organizational chart and her responsibilities and activities evidence her senior level responsibilities. I do not accept the defendants’ characterization that Ms. Ellerbeck only had “moderate” level responsibilities. I would note that Ms. Ellerbeck was a candidate for president.”
10
2013.07.12Kerfoot v Weyerhaeuser Company Limited (Kerfoot)2013 BCCA 3304315.75B. Management
Operations superintendent“Their employment responsibilities are not described in the reasons for judgment. As operations superintendent, however, it may be considered Mr. Kerfoot held the more responsible position, being engaged with operations and all that entails – production levels and safety and efficiency of the plant and employees.”
15
2013.07.12Kerfoot v Weyerhaeuser Company Limited (Harshenin)2013 BCCA 3304518.5H. Professional
Electrical project engineer“Their employment responsibilities are not described in the reasons for judgment…Mr. Harshenin’s title indicates a responsible, but more narrowly focussed, position.”
15
2013.06.26Hilton v. Graham’s Farms Ltd2013 BCSC 11394119E. Trades/Manual Labour
Heli-rigger/bucker“As a bucker, the plaintiff bucked and limbed logs and performed other related duties as required…The character of the employment was not unique but would require an individual with physical strength and ruggedness. Similar employment positions would certainly exist, but with significant competition for such positions.”
18
2013.01.25Chawrun v Bell Mobility Inc2013 BCSC 102385.7G. Sales/Marketing
Account executive“The account executive was expected to spend most of his or her time out in the territory, calling on potential customers and attempting to sell equipment and services to those customers. Once a potential customer had been identified, the account executive could call on Bell’s marketing department to assist in putting together a specific proposal for that potential customer…Mr. Chawrun’s job was essentially a sales job; not a management or executive position. As account executive, Mr. Chawrun headed a team that included three other Bell employees (or two and one-half employees as Ms. Del Rosario also worked for Ms. Stack), but he did not have the authority or responsibility to hire or fire these employees and they did not “report” to him in the sense that he was their immediate superior. The sales associates reported to a sales associates team leader; and then to Mr. Spencer. There is no evidence that Mr. Chawrun had the authority to discipline these employees or was responsible for formally evaluating their job performance. In the offer of employment made to him on June 17, 2008, there is no reference to any supervisory or managerial duties.”
6
2012.12.14Kastens v. The Bank of Nova Scotia2012 BCSC 1893500.6H. Professional
Private banker“He was not considered to be part of the executive level, nor did he have any supervisory responsibility. However, he serviced the defendants’ high-worth and prestigious clients in his role as Private Banker. Requirements for the position were advertised as…three to five years’ commercial or retail banking experience with university or community college degree preferred, understanding of relatively complex tax, estate and financial planning vehicles, be able to relate comfortably with affluent and influential clientele and be able to complete a course of study enabling registration with the appropriate provincial securities commission to obtain a licence to sell mutual funds.”
5
2012.12.12Phillips v Jakin Engineering & Construction Ltd2012 BCSC 2066640.25B. Management
Senior project manager“Mr. Phillips was engaged…as Jakin’s project manager on Phase One of a large multi-phase construction project being constructed in Richmond, British Columbia.”
4
2012.11.30Matusiak v IBM Canada Ltd2012 BCSC 1784609.5G. Sales/Marketing
Client director/consulting software sales rep“Senior sales position, with some additional responsibilities…The plaintiff concedes that he did not hold a management position, and did not supervise other employees. Rather, he held a senior sales position with additional responsibilities…amongst other things, Client Directors are responsible for sales and service of the defendant’s software products relating to business analytics. Business analytics enables organizations to recognize subtle trends and patterns so they can anticipate and shape events and improve their outcomes. Business analytics software enables an organization to apply analytics to decision-making.”
“In short, his role was to sell the defendant’s software products to the customer and provide ongoing service and management to the customer to ensure its successful implementation of delivery.”
14
2012.08.15Hawkes v Levelton Holdings Ltd2012 BCSC 12195118H. Professional
Professional engineer (senior geotechnical engineer)“A senior project manager in the geotechnical group in the Fraser Valley Region…He was a senior geotechnical engineer. As the defendants submitted in closing argument, “he was responsible for building his own book of business and providing mentorship to junior engineers”. He did not have wider management responsibilities with employees reporting to him. However, he had earned a significant equity investment in the firm due to his seniority.”
18
2012.07.18Piron v. Dominion Masonry Ltd.2012 BCSC 10704419B. Management
Masonry foreman“He started as a mason, but quickly became a foreman who supervised the masons working on particular projects…He started as a tradesman and advanced to the position of foreman. Both positions are fairly mobile within the construction industry, but he became a more management oriented employee through his ability to run fairly complex projects.”
15
2012.01.13Giza v Sechelt School Bus Service Ltd2012 BCCA 18615E. Trades/Manual Labour
School bus driverNo job description provided
6
2011.12.14Dobbs v The Cambie Malone’s Corporation2011 BCSC 183051 (approx)11B. Management
Human resources and operations manager“Mr. Dobbs was a senior manager in Cambie Malone’s. He was in a position superior to the managers in various locations. He was, in the words of Mr. Yehia, responsible for the most crucial aspects of the operation, which was the hiring of employees, developing their potential and overseeing the food and beverage operations…According to Mr. Yehia, the company employed 100 to 150 employees. According to Mr. Fernback, the company employed upward of 200 employees or more. I conclude that Mr. Dobbs fulfilled an important senior management position with the company.”
12
2011.12.09Oystryk v FCT Insurance Company Ltd.2011 BCSC 168639 (approx)1.9G. Sales/Marketing
Account manager“This position involved responsibility for “managing relationships with existing customers and developing new accounts in the Interior of British Columbia.” Her clients were primarily bank managers and lawyers.”
6
2011.11.01Chan v Dencan Restaurants Inc2011 BCSC 143962 (approx)15B. Management
General manager (restaurant)No job description provided
18
2011.10.21Haftbaradaran v St Hubertus Estate Winery Ltd2011 BCSC 142437 (approx)2J. Other
Winemaker“The winemaker, on the other hand, has a senior position in the wine industry. The winemaker makes the significant decisions in the process of turning grape juice into wine. He or she will decide what grapes will be used to produce what wine; whether the grapes need to be blended; when, under what circumstances, and for how long fermentation will proceed; how long the wine should be aged; when it should be bottled; and, to a degree, how the wine should be marketed. A winery gets one shot at making a saleable product from its annual harvest – a mistake that renders the produce unpalatable can be financially ruinous. A winemaker carries a lot of responsibility on his or her shoulders. For these reasons, the winemaker does not remove him or herself from the nitty-gritty of the winemaking process.”
8
2011.10.17Szczypiorkowski v Coast Capital Savings Credit Union2011 BCSC 137661 (approx)18.5B. Management
Senior manager, commercial real estate lending“He was one of five Senior Managers within the corporate structure, reporting to the Director of Commercial Real Estate Lending, and was therefore two positions below the CEO. The defendant characterizes its corporate structure as “flat,” with few layers between management and staff. It concedes that Mr. Szczypiorkowski was a low- to mid-level senior manager.”
18
2011.10.04Balogun v Deloitte & Touche, LLP2011 BCSC 131444 (approx)0.7H. Professional
Tax manager“The job description included playing “a key role co-ordinating teams to provide innovative tax solutions to our clients” and “building and maintaining client relationships””
2
2011.09.09Systad v Ray-Mont Logistics Canada Inc2011 BCSC 120265 (approx)18E. Trades/Manual Labour
Driver of specialized container handling equipment“Mr. Systad stated that he supervised “new drivers” by making sure “that they learned to drive the machines properly”. However, Mr. Systad also confirmed that he did not have the title of supervisor or of manager, he did not hire employees, he had no authority to discipline employees, and he did not set either the hours of work or the schedules of other employees.”
18
2011.07.28Kidder v Photon Control Inc2011 BCSC 101652 (approx)13A. Executive
President/CEO“Kidder was an officer and was required to be a director of the company. The President is a senior officer…Kidder was both President and Chief Executive Officer. In the latter position he held the most senior management or executive position at Coldswitch, overseeing, for example, the Megadyne project”
18
2011.07.28Sun v. ESI Environmental Sensors Inc.2011 BCSC 102460 (approx)14H. Professional
Research scientist“He is a research scientist with work experience in soil physics, eco-plant physiology, plant water use efficiency and intelligent irrigation.”
18
2011.05.26Whiting v Boys and Girls Club Services of Greater Victoria2011 BCSC 6815713B. Management
Program manager“She held a supervisory position in which she oversaw in the order of twenty frontline programs. She has worked the entirety of her life in the social services field.”
18
2011.02.03Wong v Rogers Communications Inc2011 BCSC 128396B. Management
Manager, real estate mid west region“The plaintiff says in this position he was responsible for setting up and operating the defendant’s real estate department in Calgary, including a subsequent relocation of the office within Calgary. The plaintiff also hired, trained and managed new staff. The plaintiff says the Mid West Region portfolio consisted of real estate assets for Rogers Wireless, Rogers Media, Rogers Broadcasting and other Rogers subsidiaries, which encompassed approximately 700 real estate contracts relating to the defendant’s infrastructure. The defendant’s infrastructure included radio stations, network switches, corporate offices, regional call centres, storage facilities and other real estate. The plaintiff says his department was responsible for completing approximately 500 real estate transactions per year…His position from 2000 – 2004 was a management position with significant responsibility.”
10
2010.12.02Sifton v Wheaton Pontiac Buick GMC (Nanaimo) Ltd2010 BCCA 54150 (approx)16B. Management
Shop foreman/manager“Mr. Sifton was a lower level manager. While he was responsible for supervising and training the technicians, he also still performed some [automotive] technician duties and menial tasks, such as sweeping and taking out the garbage.”
14
2010.11.19Renard v Facet Decision Systems Inc2010 BCSC 19083912B. Management
Decision support analyst“Her former job included high-level project management with large clients on significant projects, interesting system design work, product development and use of software known as Cause & Effect, with which she was proficient, as well as a leadership role on a team of employees in an attractive and comfortable work space”
12
2010.10.26Bomford v Wayden Transportation Systems Inc2010 BCSC 150654 (approx)8.2D. Trained/Skilled
Tugboat captain“As Master, the plaintiff was primarily responsible for captaining a tugboat called the Alison Nicole. Typically, the vessel towed barges, loaded with materials such as gravel or sand, in coastal waters between Texada Island, Richmond and Victoria…I also accept that the position of Master is an important one requiring specialized training; he is also the senior employee on board the vessel and in charge of other employees.”
10
2010.10.06Kokilev v Picquic Tool Company Inc2010 BCSC 141241 (approx)8H. Professional
Vice-president of finance“Mr. Kokilev was considered a key and important employee…At the time of his dismissal, Mr. Kokilev was VP Finance, and earned $100,000 annually with benefits.”
10
2010.06.14Beggs v Westport Foods Ltd2010 BCSC 833529.5I. Customer Service
Clerk (meat department)“Her duties included ordering food products, handling shipping and receiving, ensuring a clean and sanitary food preparation area and helping to train new staff. The job required a working knowledge of computerized scales and wrapping machines, responsibility for codes dating perishables and removal of outdated items. Good customer relations was an essential part of her job.”
11
2010.04.30Graham v Galaxie Signs Ltd2010 BCSC 6096014.5G. Sales/Marketing
Sales representative (sign sales)“While the Plaintiff was a responsible and valued sales representative, he did not fulfill a senior managerial or supervisory role during his employ with Galaxie.”
10
2010.04.15Nishina v Azuma Foods (Canada) Co., Ltd2010 BCSC 502436.4J. Other
Quality control associate“Ms. Nishina worked as QC supervisor until shortly before the termination of her employment, when her title changed to that of QC associate. Ms. Nishina’s role in the QC department at Azuma Foods—to ensure that the company met the standards set out in food safety regulations—was essential to the company’s operation. She held a position of considerable importance within the company.”
12
2010.04.01Rodrigues v Shendon Enterprises Ltd2010 BCSC 9414616B. Management
Fast food restaurant manager“As time went by, she learned all of the jobs required to operate the restaurant and she undertook management and supervisory duties. “
16
2010.03.23Waterman v IBM Canada Limited2010 BCSC 3766540D. Trained/Skilled
Advisory software services specialist“He worked as part of the Information Management Systems (“IMS”) team. His position was non-managerial. He did not supervise any other employees…Mr. Waterman’s primary responsibility was to ensure that customers benefitted from their IT operations. He was the primary technical interface to customers for software/hardware support in the delivery of operational services. He identified and resolved customer IT problems and operational issues. He was considered very knowledgeable in the use of problem identification tools and processes to troubleshoot and assist customers with software/hardware problems.”
20
2010.02.23Palmer v Clemco Industries Inc (Jacke Palmer)2010 BCSC 230NA13B. Management
Director of Operations (with clerical and executive duties)“There is a job description for Jacke Palmer as “Director of Operations”. It describes and lists the functions being performed, which included reception duties, monitoring on call personnel, correspondence, banking, purchasing, hiring, payroll, accounting, and scheduling.”
11
2010.02.23Palmer v Clemco Industries Inc (Gavin Palmer)2010 BCSC 2306014B. Management
Service manager“His position as Service Manager required technical, service and management skills. His work was in a specialized field but he had transferrable skills.”
15
2010.02.18Pritchard v The Stuffed Animal House Ltd2010 BCSC 2135417G. Sales/Marketing
Salesperson“The plaintiff is now 55 years old and was employed by the defendant as a sales person for over 16 years selling a somewhat specialized product. While she was a valued employee she did not exercise management functions.”
12
2009.12.23Mackie v West Coast Engineering Group Ltd2009 BCSC 177548 (approx)1.75B. Management
Production manager“He obtained orders from sales or through the engineering group. He created work orders using the computerized visual scheduler manufacturing system based on the applicable drawings. He negotiated with suppliers for the necessary materials or equipment, and then handed the work order packages and drawings to Inderjit Dosanjh, the shop supervisor who supervised the unionized welders and machine operators. Mr. Mackie also had a role in scheduling the work…There was no set limit on his authority to negotiate contracts, and he regularly negotiated purchases in excess of $150,000, and in excess of $2 million annually. He reported to both Greg Balsdon, the Operations Manager who was responsible for production at all four plants and reported directly to Mr. Brockman…I conclude that it is fair to describe Mr. Mackie as a middle management employee.”
9
2009.12.04Chapple v Umberto Management Ltd2009 BCCA 57135 (approx)13.5B. Management
Restaurant manager“The appellants operate two restaurants at Whistler: Trattoria and Il Caminetto. The respondent was hired in 1994 as a server at Trattoria. In 1999 she was promoted to a management position, and thereafter worked periodically at both restaurants as a manager until she was dismissed.”
15
2009.12.01Stastny v Dependable Turbines Ltd2009 BCSC 16485120E. Trades/Manual Labour
Machinist“He was the only full time machinist employed by the defendant, and was entrusted with significant work projects, including a turbine installation in Greenland, where the plaintiff spent five months as the sole representative of the defendant on site.”
15
2009.08.28Pereira v The Business Depot Ltd2009 BCSC 1178387B. Management
General manager (retail)“The plaintiff, as general manager, was in charge of a sales manager and service manager below him and an assistant sales manager and assistant service manager below them. He gave evidence that there were anywhere between 40-45 employees at any time that he was responsible for.”
10
2009.06.29Jamieson v Finning International Inc2009 BCSC 86153 (approx)20G. Sales/Marketing
Millyard systems manager (Western Canada)“The plaintiff’s role was one of marketing, as distinct from sales, which included configuring equipment in an appropriate manner to comply with safety requirements and customer preferences; conducting on site assessments to determine equipment needed for customer productivity demands; liaison with suppliers with regard to industry needs; and, preparing and delivering presentations to customers…The plaintiff’s territorial responsibility included all of Western Canada. He played an important role in planning strategy for the defendant’s millyard systems equipment product group; attended regular planning sessions with local territory managers; regularly met with Mr. Mulvihill to discuss product issues, including his input regarding product changes, shifts of customer demands, market share, forecasting and overall how to position the defendant as a successful supplier of millyard systems equipment.”
19
2009.06.05Marshall v Old Meets New Furniture Ltd (Stokes Furniture)2009 BCSC 748467B. Management
Store manager (retail)“Her duties included staff hiring, training and supervision; purchasing product; reporting to the owner; serving customers and sales.”
8
2009.05.22Adams v Fairmont Hotels & Resorts Inc2009 BCSC 6814112B. Management
General manager (hotel)“As General Manager and head of the Hotel’s Executive Team, Ms. Adams was ultimately responsible for the preparation of the Hotel’s annual budget”
15
2009.05.04Smith v Centra Windows Ltd2009 BCSC 6065013.5G. Sales/Marketing
Vice president of marketing and development“He was perceived within the organization as a leader and senior member of the organization. He participated in regular senior management meetings that discussed key management issues for the organization…For most of that period, he was part of the “inner circle” of Centra. His duties, however, remained essentially those of a salesperson.”
15
2009.04.29Koos v A & A Customs Brokers Ltd2009 BCSC 56339 (approx)10J. Other
Customs brokerage specialist“By all accounts the plaintiff’s position was a specialized one. It involved the gathering and understanding of the various regulations affecting imports and exports, advising customers on customs duties and tariffs, and studying the policies and practices of governments with respect to these matters. The evidence was that the plaintiff’s job did not carry with it any supervisory or management duties. A great many employees consulted her on particulars of customs compliance but they did not report to her…Her job is unique and not easily transferable except within the brokerage industry. Her increased learning has been gained mainly on the job, and although she is “specialized”, her work is distinguishable from that involving sophisticated conceptual tasks and branches of technical expertise.”
10
2009.03.13Zaitsoff v Zellstoff Celgar Limited Partnership2009 BCSC 3464619B. Management
Production manager (with engineering expertise)“At the time of his dismissal, Mr. Zaitsoff had four people directly reporting to him and 215 indirectly reporting to him…I find that Mr. Zaitsoff’s position was a specialized one because his knowledge of chemical engineering and the kraft mill process was a necessary skill set that enabled him to oversee the Mill, ensure that targets were met, and solve technical problems.”
20
2009.03.04Kalsi v Greater Vancouver Associate Stores Ltd2009 BCSC 28733 (approx)16E. Trades/Manual Labour
MechanicMechanic at Canadian Tire
16
2009.02.12Bates v John Bishop Jewellers Limited2009 BCSC 158 6337.5E. Trades/Manual Labour
Jeweler/goldsmith“It is argued that the plaintiff was a skilled labourer with no supervisory or management duties…I agree”
18
2009.01.21Saalfeld v Absolute Software Corp2009 BCSC 76034 (approx)0.75G. Sales/Marketing
Federal territory manager (inside sales)“Ms. Saalfeld was an inside salesperson who, together with another salesperson, was responsible for developing a new market for Absolute Software under the supervision of the Territory Sales Manager (responsible for 19 territories)…There were no managerial responsibilities: the plaintiff was not assigned to supervise any other employees or to do any hiring, firing, or performance evaluations, and no employees reported directly to her. The plaintiff was one of 19 Territory Managers, all of whom reported to the Territory Sales Manager, Mr. Trotter.”
5
2008.01.25Lewis v Lehigh Northwest Cement Ltd2008 BCSC 5425826B. Management
Manager of process computer systems“His duties and responsibilities in latter years included designing, overseeing, and implementing cement plant control system projects, their budgets, staffing the department, overseeing the work of several employees and consultants, as well as other duties…in a management position as previously noted with great responsibility…His work is in a specialized sector of a specialized field.”
22
2007.09.28Earl v Canada Bread Co2007 BCSC 157449 (approx)19G. Sales/Marketing
Territory manager (Northern Vancouver Island)“Territory managers are the first level of management within the defendant’s sales structure…As a territory manager, the plaintiff’s primary responsibility was to act as a liaison with approximately eight of the defendant’s franchisees and from time to time the customers included in the delivery routes of the franchisees. The plaintiff was responsible for ensuring that the defendant’s programs were properly executed by the franchisees when the defendant’s products were delivered to its customers at the store level, to coach the franchisees about the defendant’s programs, to answer each of the franchisees’ questions concerning the defendant’s products and to help the franchisees with schematic changes such as moving products on the shelf and preparing exception and quality of product reports…On occasion, the plaintiff would also perform sales activities on behalf of the defendant…As a territory manager, the plaintiff did not have the authority to hire personnel without informing or seeking approval of an immediate supervisor or someone within the defendant’s human resources department. However, when hiring was to be done, he did participate in the interview process.”
17
2007.09.05Lewis v PMC-Sierra Ltd (“Eden”)2007 BCSC 161141 (approx)11H. Professional
Leader, Product Development“His last job title was Leader, Product Development. He had some supervisory responsibilities but no significant management responsibilities”
12
2007.09.05Lewis v PMC-Sierra Ltd (“Lee”)2007 BCSC 161135 (approx)12H. Professional
Leader, System Development“In the scheme of the defendant’s operations, leaders do not have significant management responsibilities, but they do have some supervisory responsibilities”
12
2007.09.05Lewis v PMC-Sierra Ltd (“Lewis”)2007 BCSC 161131 (approx)9H. Professional
Intermediate Verification Engineer“That is a position below that of Leader. It does not involve any significant management or supervisory responsibilities.”
10
2007.07.09McMahon v TCG International Inc2007 BCSC 10035728G. Sales/Marketing
Vice president of sales“His position as Vice-President of Sales required him to develop and expand TCG’s customer base. His skills were noted to be in establishing and maintaining relationships with customers, and clearly, TCG relied on him to do that.”
20
2007.03.15Watson v Seacastle Enterprises Inc2007 BCSC 365210.9B. Management
Fast food restaurant managerNo job description provided
1
2006.04.28Lewis v M3 Steel (Kamloops) Ltd2006 BCSC 68151 (approx)14B. Management
Foreman (afternoon shift)“In 1996 Mr. Lewis was promoted to foreman of the afternoon shift by Ben Mesluk, the manager of M3. He was required to coordinate with the foreman of the morning shift, Steve Doutaz, to keep the plant in continuous production. His responsibilities included supervising all the work to be done on that shift; there were up to 12 employees. When he worked, there was no one supervising him. It was a job of significant responsibility”
14
2006.04.12Stant v Elaho Logging Ltd2006 BCSC 71858 (approx)9B. Management
Logging superintendent“His responsibilities included supervising the logging aspects of the company’s business. He was responsible for gross revenues of about $3 million. He had about 35 employees reporting to him directly as well as about 30 independent contractors and subcontractors. His position was described as mid-range management.”
13
2006.03.23Rodgers v. West Fraser Mills Ltd. (c.o.b. Eurocan Pulp and Paper Co.)2006 BCSC 4674929B. Management
Safety training coordinator/day shift clean-up supervisor/acting superintendent“His regular duties involved supervision of six day-shift clean-up and additives employees. He also served as the paper mill training coordinator, a role in which he appears to have worked alone or with independent contractors. When serving as an acting superintendent during a superintendent’s absence from the mill, as he did from time to time and as he was doing on the day of the incident that ultimately resulted in his termination, Rodgers supervised a staff of approximately 96 individuals.”
18
2006.01.25Perkins v. Shuen et al2006 BCSC 12155 (approx)23.5D. Trained/Skilled
Dental assistant/receptionist“In recent years her duties were fewer in direct “chairside” assistance to Dr. Armstrong and greater in the areas of office administration and reception. Those duties included processing patient claim forms, corresponding with dental insurance carriers, and processing receivables for the dental practice…As a certified dental assistant she holds formal and recognized qualifications and she has met the continuing education obligations of her licensing body.”
12
2005.12.29Pollock v. Cotter2005 BCSC 1799590.4F. Office/Clerical
Administrative assistant“Ms. Pollock’s employment function included some responsibility as the assistant to Mr. Cotter, the principal of the business, but it was not a position of significant responsibility.”
5
2005.10.26McSeveney v Phone Directories Company Inc2005 BCSC 151041 (approx)6G. Sales/Marketing
Regional sales director“His duties at the time of his termination included managing sales for British Columbia, Alberta, the Arctic and Alaska. Sales achieved in those areas in 2004 exceeded $18.8 million. He managed up to 14 regional managers who, in turn, supervised between 45 and 120 sales personnel. He was reporting to the President of the company. He oversaw a substantial advertising budget and played a role in the hiring and firing of employees within his area of responsibility. He was, for purposes of determining the appropriate notice period, an upper management employee.”
9
2005.07.14Parks v. Vancouver International Airport Authority2005 BCSC 1883513.6B. Management
Superintendent, airport south“A middle management position… Mr. Parks had significant responsibility in his position as Superintendent, Airport South. These are set out in the job description and include:
1. Facilitation of the $5 million airport construction project with the Canadian Air Transport Security Authority;
2. Passenger screening;
3. Developing and maintaining relationships with the tenants and operators at Airport South and ensuring long term planning and operation of the facility was done in partnership and with consultation;
4. Directing the day-to-day operations;
5.Managing the utilization of the South Airport terminal building; and
6. Acting as long-range planning liaison between the airport and the tenants and operators.”
7
2005.06.16Orlando v Vancouver Coastal Health Authority2005 BCSC 9265516B. Management
Director of acute home and community care“she was the director of Acute Home and Community Care for the Sunshine Coast and Powell River areas, during which period she had seven managers reporting to her and was responsible for 350 full-time equivalent staff and a budget of approximately $32,000,000…The plaintiff was a senior member in the defendant’s organization. She oversaw the functioning of some 350 full-time equivalents and prepared and supervised a budget of $32,000,000. In terms of facilities, she was responsible for delivery of services at two community hospitals, five residential care facilities and two assisted living facilities.”
22
2005.04.15Wilson v. UBS Securities Canada Inc. et al.2005 BCSC 5633714.5H. Professional
Institutional trader“In her capacity as an institutional trader she bought and sold Canadian equities for institutional investors carrying on business in British Columbia and the United States.”
12
2005.03.07Stroppa v Globe Foundry Ltd2005 BCSC 31247 (approx)27C. Administrative/Coordinators
Office manager“She worked as the office manager, supervising a few employees and assuming responsibility for invoicing, book-keeping, payroll, and the various and sundry tasks done in the office of a small foundry business.”
24
2005.01.19Fisher v Lakeland Mills Ltd2005 BCSC 64 6618F. Office/Clerical
Reception/payroll“Ms. Fisher did the reception and switchboard work and accounts payable and accounts receivable…Ms. Fisher did not have management responsibilities but she was the face that greeted visitors to the company and that is always an important position, and there was no criticism of her basic front office capabilities.”
10
2005.01.17Smith v. Aker Kvaerner Canada Inc. and Kvaerner Power Inc2005 BCSC 1175711H. Professional
Regional manager sales and service“This was the most senior position ..in Western North America and encompassed all of the engineering, trade skills, sales and negotiating skills I had acquired in my 30 years in this business”
13
2005.01.12Martell v Ewos Canada Ltd2005 BCSC 43 5310A. Executive
Deputy managing director“He was employed as an executive in the aquaculture industry…As Deputy Managing Director of Ewos Division, the plaintiff was second in command of that organization. He reported to Phillip Smith, the Managing Director. The plaintiff was a member of the senior management team and was actively involved in management of the group of companies operating in different parts of the world. His specific area of responsibility was purchasing and logistics. Transactions in that role were very substantial, something in the order of $400 million U.S. per year.
16
2004.12.10Tatla et al, v Western Fibres Ltd2004 BCSC 17704820E. Trades/Manual Labour
Machine operator“Mr. Sahota was first hired as an operator’s helper, who loaded raw fibre into the machine while the operator calibrated and ran the machine. Both operator and helper packaged the material once it was processed. The garnet machines supplied the materials used in the various other departments to make the goods marketed to various retail businesses.”
14
2004.05.12MacLean v. Whistler and Blackcomb Mountain Resorts Ltd.2004 BCSC 181444 (approx)10B. Management
Manager of sales technology and event coordinator“Held a low level managerial position in the company hierarchy which involved a department with staff of approximately 25 persons and two supervisors who reported to her. She participated in, but was not solely responsible for, the hiring and termination of staff in her unit as well as their performance evaluation and training…The defendant is a large organisation and within that organisation the plaintiff’s position was considered to be entry level.”
10
2002.03.25Lambert v Digital Rez Software Corp2002 BCSC 481NA3.5G. Sales/Marketing
Marketing director“The plaintiff worked for the defendant for 3½ years as Marketing Director, selling software. Most of her training was on-the-job. Her functions were to create advertising and promote the company. She did this by preparing multi-media publications for potential customers. “
3
2001.09.19Zaraweh v Hermon, Bunbury & Oke2001 BCSC 1545411.5F. Office/Clerical
Secretary and general clerical assistant“She had relatively long service with the partnership, performing broad accounting and clerical functions with little supervision.”
10
1996.03.14Watson v. Moore Corp.1996 CanLII 1142 (BC CA)NA25G. Sales/Marketing
Sales/account executiveNo job description provided
18
1996.01.18Lyle v Aluminex Extrusions Ltd1996 CanLII 2022 (BC SC)56 (approx)15B. Management
General manager and directorNo job description provided
20
1996.01.09Rowe v Keg Restaurants Ltd1996 CanLII 1975 (BC SC)319B. Management
Restaurant manager“As the title implies, the plaintiff was responsible for the overall operation of the restaurant – sales, customer satisfaction, meeting budget requirements of the defendant and training and supervision of staff and other managers. He reported to the area manager, Greg Capozzi. He supervised the food manager, the service manager, the office manager, the lunch manager and two floor managers. The restaurant employed 95 to 100 full- and part-time additional employees.”
10
1993.06.28Regan v Commercial Union Assurance Co of Canada[1993] B.C.J. No. 14585521D. Trained/Skilled
Major loss litigation specialist“The plaintiff’s duty in this capacity included sole in-branch responsibility for major loss files. He was authorized to settle claims to the branch limit of $400,000 without reference to the company staff…The plaintiff held a responsible position as major loss litigation specialist and the material shows that he was a role model for less senior members in his office and was available to advise them from time to time. He did not hold a position in senior management, nor had he a formal qualification beyond a high school equivalent. He admittedly dealt with large and significant claims, but his work did not involve supervisory or administrative obligations, nor professional training.”
18
1993.03.9Jmaiff v Grand Forks Rural Fire Protection District[1993] B.C.J. No. 486 (S.C.)609J. Other
Fire chief“He supervised and organized 60 volunteers and had public safety responsibilities.”
12
1992.12.03Lacouvee v McGavin Foods Ltd[1993] B.C.J. No. 467 (S.C.)54 (approx)30B. Management
Route operations manager (Lower Mainland)“Six to ten route salesmen reported to each Area Supervisor, and five Area Supervisors reported to the plaintiff. The plaintiff reported to the (national) Vice President of Route Operations in Calgary.”
18
1992.06.08Otting v Elkford (District)[1993] B.C.J. No. 1676 (SC)42 (approx)9H. Professional
Treasurer/collector/chief financial officer“In this position she was responsible for the various responsibilities laid out for the position of Treasurer in s. 245 of the Municipal Act…The position she had occupied was, within the small municipality of Elkford, a very responsible one. She was the chief financial officer. “
9
1983.01.06Suttie v. Metro Transit Operating Company1983 CanLII 475 (BC SC)57 (approx)39B. Management
Division manager (Lower Mainland operations)“The plaintiff, as Division Manager Lower Mainland Operations, to which he was appointed in 1980, was responsible for the overall direction and control of the Lower Mainland Transit Operation including the Seabus. He reported directly to the general manager.”
24

The reasonable notice period chart lists notice periods awarded in Canadian wrongful dismissal cases.