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Honda Canada Inc. v. Keays

2 S.C.R. 362, 2008 S.C.C. 39 (2008)

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Honda Canada Inc. v. Keays

Canada Supreme Court
2 S.C.R. 362, 2008 S.C.C. 39 (2008)

MJ

Facts

Kevin Keays (plaintiff) worked for Honda Canada Inc. (Honda) (defendant). Keays was diagnosed with chronic fatigue syndrome, which impacted his ability to work. Honda placed Keays in its disability program, which allowed for disability-related absences. Keays, however, missed significantly more workdays than was expected when he enrolled in the program. Honda managers requested that Keays meet with a doctor to determine how his disability could be accommodated. Keays, through counsel, refused to meet with a doctor without a specific explanation of the examination Honda was requesting. The managers sent Keays a letter explaining that he needed to meet with the doctor or risk termination. Keays did not meet with the doctor, and Honda terminated his employment. Keays sued for wrongful dismissal. The trial judge found that Keays was entitled to (1) 15 months of notice, including compensation, based in part on Honda’s management structure; (2) an increased notice period of 24 months, including compensation, for bad faith; and (3) punitive damages based on discriminatory intent by Honda. The court of appeal affirmed, except that it reduced the amount of punitive damages. Honda appealed, challenging all three findings.

Rule of Law

Issue

Holding and Reasoning (Bastarache, J.)

Dissent (LeBel, J.)

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