The BC Supreme Court matter of E.N. v. William L. Rutherford (B.C.) Limited was tried via summary trial in 2019, with reasons for judgment released in 2020. The trial judge held that the Plaintiff, who was employed by the Defendant for four years, was dismissed for cause in November 2018 citing after-acquired cause as the type of just cause.
Following a half-day hearing, the Appellate Court found that the trial judge made a palpable and overriding error in his assessment of the evidence and application of the law of warnings and condonation, stating the following at paragraph 26:
 In my view, the judge erred by failing to consider and apply the law regarding condonation and the adequacy of Rutherford’s warnings to Mr. N prior to the termination of his employment. Both are open and important questions on the face of the record and in light of the jurisprudence, as articulated in McKinley, Vernon and other authorities. However, these questions cannot be determined unless and until a trial court makes various findings, all of them left unaddressed by the judge.
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The appeal was allowed, the judgment was set aside, and the matter was remitted to the lower court for reassessment. The Appellant successfully won costs for the Appeal.
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