What is the test for determining whether a plaintiff has been successful in her claim for wrongful dismissal?

Alberta, Canada


The following excerpt is from Can-Cell Industries Inc. v. Lippa, 2010 ABCA 409 (CanLII):

Here the merits of liability turn largely on the trial judge’s fact findings, as examination of the trial judge’s written reasons shows. The law on what is wrongful dismissal and what is frustration was little disputed, if at all. The real question was whether the facts fitted within either of those legal pigeonholes. That is a question of fact, or (at best) of mixed fact and law. The standard of review on appeal is palpable and overriding error. The trial judge disbelieved one of the appellant’s main witnesses, and was “not impressed” with another. See Bowles v. Beamish, supra.

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