Aislinn Reid

The respondent psychiatrist brought a motion under s. 19(1) of the Health Care Consent Act to administer antipsychotic medication to an involuntary patient pending his appeal of a Consent and Capacity Board decision.

The Board had confirmed the psychiatrist's finding that the patient was incapable of consenting to treatment for a schizophrenia relapse.

The court granted the motion, finding that the patient's condition was likely to deteriorate rapidly without treatment, that he had previously responded well to the proposed medication, and that the treatment was necessary before the final disposition of the appeal.

The plaintiff, a 62-year-old managerial employee with 38 years of service, was terminated without cause shortly after the onset of the COVID-19 pandemic.

He brought a motion for summary judgment seeking damages for wrongful dismissal, including a 30-month notice period, lost Restricted Stock Units (RSUs), and bonuses.

The court granted summary judgment, awarding a 27-month notice period due to exceptional circumstances, including his age, lengthy service, specialized skills, and the economic impact of the pandemic.

The court also awarded damages for RSUs that would have vested during the notice period, finding the termination provisions did not unambiguously oust his common law entitlements, but dismissed the claim for discretionary bonuses.

The plaintiffs and a defendant by counterclaim, Mr. Sauro, brought motions to strike portions of the statement of defence and counterclaim.

The plaintiffs sought to strike paragraphs alleging ulterior motive and financial mismanagement.

The court struck the paragraphs pleading motive as frivolous and vexatious, but retained those pleading causation.

Mr. Sauro sought to strike the counterclaim against him, arguing it was improperly constituted as a counterclaim rather than a third-party claim.

The court agreed, finding Mr. Sauro was not a necessary and proper party to the counterclaim against the plaintiffs, and struck the counterclaim against him.