The plaintiff brought a motion for summary judgment in his wrongful dismissal and human rights claim against his former employer.
The plaintiff alleged he was terminated without cause, while the employer maintained he resigned or abandoned his position.
The court dismissed the motion, finding that there were genuine issues requiring a trial due to significant conflicts in the evidence regarding the circumstances of the plaintiff's departure, his medical condition, and mitigation efforts.
The court declined to use its discretionary fact-finding powers, concluding that a fair and just determination required a full trial.
