2 Feb 2023
Shier v Copper Mountain Mining Corporation
Plaintiff Rodney Shier, the former chief financial officer of defendant Copper Mountain Mining Corporation, had his employment terminated on August 23, 2022. Copper Mountain argued it was for cause, while Shier maintained it was without cause. Shier then commenced legal action, asserting two claims. Firstly, he claimed $1,574,757.52 as a debt owed under sections 5.5(b) and (d) of the EEA. Secondly, he sought unliquidated damages for breach of the EEA, including the alleged wrongful withholding of the liquidated sum. On the same day, Shier obtained a garnishing order for the amount, which was paid into court. However, Copper Mountain moved to set aside the garnishing order.
After reviewing the case, the court concluded that Shier's claim primarily sought damages beyond his entitlements under section 5.5. The court determined that Shier should have disclosed sections 5.9 and 8.3 of the EEA when applying for the garnishing order. As a result, the court decided to set aside the garnishing order due to Shier's failure to make these necessary disclosures. No specific information regarding a financial award was provided in the case.