C.C.M. Siran

The plaintiff, a Public Works Superintendent for the defendant municipality, resigned following a meeting with three municipal councilors regarding snow clearing operations.

He subsequently sued for constructive dismissal, alleging the councilors ambushed him, threatened his employment, and breached the open meeting rules under the Municipal Act, 2001.

The court dismissed the action, finding that the employer did not unilaterally change the employment contract and that a reasonable person would not have viewed the meeting as substantially changing essential terms of employment.

The court concluded the plaintiff freely resigned.

Following a motion regarding a resulting trust over a joint bank account where success was divided, the parties made written submissions on costs.

The moving party was successful in obtaining a bank statement but failed on the resulting trust declaration.

The court found the respondents were partly to blame for the motion by unreasonably refusing to produce the bank statement earlier.

The moving party was ordered to pay costs fixed at $1,600 personally, reflecting a discount on the respondents' partial indemnity costs due to their conduct.

The applicant brought a motion personally and as an estate trustee seeking a declaration that a joint bank account held by his deceased mother and his brother was subject to a resulting trust, and seeking production of account statements.

The respondent brothers argued the applicant lacked standing, the limitation period had expired, and the resulting trust was a triable issue.

The court found the applicant had standing and the limitation period was suspended due to their father's incapacity.

The court declined to declare a resulting trust on a motion, finding it required a full record, but ordered the respondent to produce the bank statement from the date of the mother's death.

The court also ordered that no further motions be brought until an Estate Trustee During Litigation is appointed.