Can a liquidated claim be a wrongful dismissal claim?

British Columbia, Canada


The following excerpt is from Stovicek Estate v. Napier International Technologies Inc., 1995 CanLII 2108 (BC SC):

7 In this case, it is not clear that the claim is a liquidated claim. Can it be said that there is here a sum certain or that a liquidated amount can be clearly identified or at least "arrived at by simple mathematical calculations based upon a certainty"? (Byrne v. Vranckaert et al (1990), 32 C.C.E.L. 58 (B.C.S.C.), at p. 61). If one cannot say with certainty that this is not a wrongful dismissal claim then one surely cannot say that the calculation necessary in this case is based upon a certainty.

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