Wrongfully Terminated Employee Wins $100,000 in Lost Opportunity Damages

Four months into her articling (i.e., legal internship) term, a law student was fired for alleged plagiarism and disclosing confidential law firm information. The court concluded that neither charge was true and ordered the firm to pay $18,934 for breach of contract and $50,000 in aggravated damages. Both sides appealed, with the firm contending that the court was wrong and the student saying she should also get damages for lost opportunity. The case reached the BC Court of Appeal, which sided with the student. The student put her legal career on hold by accepting an articles position with the firm, thereby delaying her earnings potential as a lawyer. Moreover, she’d have gotten a significant pay raise from the firm had she completed her articles. So, the Court tacked on $100,000 in lost opportunities damages plus $25,000 in termination notice. Total damages: $193,944 [Ojanen v. Acumen Law Corporation, 2021 BCCA 189, May 10, 2021].