The appellant employer appealed a summary judgment order granting the respondent employee $22,084 in a wrongful dismissal action under the Simplified Rules.
The appellant argued the motion judge erred in proceeding by summary judgment and in determining the issue of mitigation without cross-examination.
The Divisional Court dismissed the appeal on the merits, finding no error in the motion judge's conclusion that there were no genuine issues of credibility and that the respondent's mitigation efforts were reasonable.
However, the appeal was allowed in part to set aside the costs order, as the motion judge had failed to hear costs submissions.
