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Wallace v United Grain Growers Ltd
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Wallace v United Grain Growers Ltd : ウィキペディア英語版
Wallace v United Grain Growers Ltd

is a leading decision of the Supreme Court of Canada in the area of Canadian employment law, particularly in determining damages arising from claims concerning wrongful dismissal.
==Background==
In 1972, Public Press (a subsidiary of United Grain Growers) expanded its activities in commercial printing through acquisition of a web press, and hired Wallace, who had experience in selling such products. As Wallace was 46, he sought and received assurances that he would be treated fairly and have a guarantee of security in employment until at least his 65th birthday.
Wallace was the company's top salesperson throughout his employment, which was terminated in 1986 without explanation. In a letter issued after termination, UGG claimed that "the main reason for his termination was his inability to perform his duties satisfactorily."〔SCC, par. 6〕 The termination and allegation caused great emotional distress for Wallace, and he was unable to find similar employment elsewhere. Prior to his termination, Wallace had filed for bankruptcy in 1985, from which he was discharged in 1988.
He sued UGG for wrongful dismissal, claiming:
:
* loss of income, including salary and commissions which would have been earned during the unexpired term of a fixed-term contract, or alternatively,
:
* such amounts that would have been earned under a period of reasonable notice, plus
:
* damages for mental distress or aggravated damages, punitive or exemplary damages and special damages.
In its defense, UGG asserted:
:
* the dismissal was for cause (which was withdrawn on the opening day of the trial),
:
* the employment was not for a fixed term, and
:
* the claim with respect to mental distress was barred under Manitoba law relating to limitation of actions, as the description of its nature was inserted as an amendment made out of time.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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