Fanzone v 516400 B.C. Ltd., 2022 BCSC 2089 (CanLII), <https://canlii.ca/t/jt990>
A 56-year-old pub manager with 23 years of service was laid off when the pub closed due to Covid restrictions. Unlike other pubs, it did not re-open when restrictions were relaxed. The Court did not agree that the employment contract had been frustrated. The Court concluded “having regard to the appropriate Bardal factors applied to Mr. Fanzone’s circumstances, the appropriate notice period required to be given by the Pub for the termination of Mr. Fanzone’s employment without cause was 20 months” (pare. 35). Despite the pub’s reprehensible conduct, which included a fabricated claim of theft with respect to vacation pay, the Court did not award punitive damages.