Andrew J. Larmand

The plaintiff, Kim Lemyre, sought costs for her successful wrongful dismissal action.

The defendants opposed, arguing excessive time spent by counsel, prior costs paid, and that the plaintiff's net recovery after tax was less than her offer to settle.

The court rejected the defendants' arguments, finding the time spent reasonable, the prior costs already accounted for, and that Rule 49 focuses on damages won, not tax consequences.

The court emphasized the importance of incentivizing employers to settle valid claims.

Costs were awarded to the plaintiff.

The plaintiff in a wrongful dismissal action moved to amend her statement of claim to add a related corporation as a co-defendant.

The court found that the proposed defendant operated from the same address, used the same personnel, and shared legal counsel with the named defendant.

Applying the test for misnomer, the court concluded that the proposed defendant would have known the claim was directed at it.

The motion to amend the statement of claim was granted.