Find the case of Hnatiuk v. R.W. Gibson Consulting Services Ltd ., 2005 (Februar

Question

Find the case of Hnatiuk v. R.W. Gibson Consulting Services Ltd., 2005 (February) ABQB 78 (CanLII). It will be helpful to read the case in its entirety before answering the following question.

With respect to the issue of wrongful dismissal, which one of the following is FALSE?

Select one:

a. The appellate court held that the trial judge did not commit an error, and that she was correct when she ruled that the Respondent Hnatiuk had been wrongfully dismissed.

b. The trial judge held that the Respondent Hnatiuk had not been wrongfully dismissed, and that the Appellant R.W. Gibson had been justified in the dismissal due to the Respondent’s dishonesty.

c. The trial judge held that the Respondent Hnatiuk had been wrongfully dismissed.

d. The appropriate standard of review by an appellate court on a question of mixed fact and law with respect to a decision made by the trial judge is whether the trial judge made a “palpable and overriding error”.

Explanation / Answer

After reading the case of Hnatiuk’s wrong dismissal, the statement which I find is false out of the given statements is:-

b. The trial judge held that the Respondent Hnatiuk had not been wrongly dismissed, and that the Appellant R.W. Gibson had been justified in the dismissal due to the Respondent’s dishonesty.

The above statement is false as the trial judge held that the Respondent Hnatiuk had been wrongly dismissed and R.W. Gibson had not justified as Hnatiuk had not received any direction regarding inadequate or improper performance.

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