Christine M. Kish

The employers appealed a trial judgment awarding the plaintiff damages for wrongful dismissal.

The employers argued the plaintiff was dismissed for just cause because she gave herself and another employee unauthorized salary and vacation pay increases.

The trial judge found the conduct was an indiscretion rather than dishonesty and served as a pretext for a planned dismissal.

Applying the McKinley contextual analysis, the trial judge concluded the employers failed to prove just cause.

The Court of Appeal upheld this finding.

The plaintiff's cross-appeal on damages and the employers' appeal on the dismissed counterclaim were also dismissed.

The appellant appealed a decision finding that his former solicitors' bills were final rather than interim and that there were no special circumstances to warrant an assessment.

The Court of Appeal dismissed the appeal, holding that the motion judge's conclusions were findings of fact supported by the evidence.