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Costs of unsuccessful summary judgment motion in wrongful dismissal action reserved to trial judge.
The plaintiff brought an unsuccessful summary judgment motion in a wrongful dismissal action.
The parties made written submissions on costs.
The defendant sought costs of $88,332.37 payable immediately, while the plaintiff argued costs should be reserved to the trial judge.
The court held that because the plaintiff was unemployed and the motion materials would be useful at trial, ordering immediate payment of significant costs would impede access to justice.
Costs of the motion were reserved to the trial judge.
Summary judgment granted for wrongful dismissal; off-duty criminal charges did not constitute just cause.
The plaintiff, a 66-year-old labourer with over 12 years of service, was terminated purportedly for cause after being arrested for off-duty criminal charges.
The plaintiff brought a motion for summary judgment for wrongful dismissal.
The court found that the employer failed to establish just cause, as the criminal charges were unrelated to the workplace, there was no evidence of reputational harm, and the allegations of dishonesty and cumulative discipline were unfounded.
The court awarded the plaintiff 10 months' reasonable notice.
The defendants' cross-motion to dismiss the claims against the individual manager was granted, as the manager acted within the scope of his employment.
Crown wardship order upheld despite mother's progress, as child's best interests required continuity of care.
The appellants appealed an order making their three-year-old daughter a Crown ward without access for the purpose of adoption.
They sought to reverse the decision based on fresh evidence of the mother's progress in developing parenting skills and her ability to care for her youngest child in Quebec.
The Court of Appeal admitted the fresh evidence but dismissed the appeal, finding that the child's best interests required continuity of care in her current foster placement, where she was thriving and had developed strong bonds.
