The plaintiff, dismissed without cause from her Group Station Manager position at the Toronto Transit Commission (TTC), moved for summary judgment in her wrongful dismissal claim.
She sought damages based on a 12-month notice period, loss of benefits, and pregnancy-related top-ups, as well as aggravated and moral damages for unpaid vacation and breach of confidence regarding her pregnancy.
The TTC argued for a 4-month notice period and disputed other claims.
The plaintiff abandoned her claims for moral and aggravated damages to proceed with the summary judgment motion.
The court dismissed the motion, finding a genuine issue requiring a trial, primarily due to a significant factual dispute regarding the character of the plaintiff's employment (senior vs. mid-level manager) which directly impacted the appropriate notice period and the reasonableness of her mitigation efforts.
