Carol S. VandenHoek

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.

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.