Alex C. Lucifero

Following a summary judgment motion in a wrongful dismissal action, the plaintiff sought costs of $13,418.32, including a substantial indemnity portion based on an offer to settle.

The court found Rule 49.10 did not apply as the offer was served on the morning of the hearing.

Considering the mixed success on issues, unnecessary cross-examinations, and the factors under Rule 57.01, the court awarded the plaintiff partial indemnity costs fixed at $7,250.

The plaintiff, Antonio Marques, was terminated without cause by the defendant, Delmar International Inc., after 7.5 months of employment.

The parties brought a motion for summary judgment to determine three issues: whether a monthly car allowance was part of the plaintiff's remuneration, whether the plaintiff was entitled to a guaranteed bonus payment as part of wrongful dismissal damages, and the amount of common law reasonable notice.

The court found the car allowance was part of remuneration.

The bonus was conditional on the notice period extending to the one-year anniversary of employment.

The court awarded 4 months' reasonable notice, which did not extend to the one-year anniversary, thus disentitling the plaintiff to the bonus.