Christopher Edwards

Following a successful wrongful dismissal claim in which the plaintiff was entirely successful, the court considered costs.

The plaintiff sought partial costs of $80,000 (with substantial costs calculated at approximately $115,000) plus disbursements.

The court found that the matter was not complex and that the defendant had unreasonably delayed proceedings, including failure to cooperate in scheduling discoveries and providing late answers to undertakings.

The court awarded counsel fees of $50,000 plus HST and disbursements of $3,846.70 plus HST, declining to award the full amount sought given the short and uncomplicated nature of the trial.

A long-serving employee brought a claim for constructive wrongful dismissal against his employer, a municipal taxi licensing commission.

The plaintiff alleged that following a change in board leadership in December 2019, he was subjected to a campaign of belittlement, micromanagement, and harassment that created a toxic work environment, ultimately forcing him to take stress leave.

The employer denied wrongful dismissal, arguing the plaintiff quit and defended its actions by alleging numerous instances of misconduct and dereliction of duty.

The court found the plaintiff credible and established that he was constructively dismissed due to the employer's breach of the implied duty to treat him with respect and decency.

The court awarded 24 months' notice plus aggravated damages.

The plaintiff sued his former employer for constructive dismissal, wrongful dismissal, and human rights damages, alleging he was forced out after taking a medical leave.

The employer argued the plaintiff voluntarily resigned and, alternatively, that there was just cause for termination because the plaintiff performed unauthorized side jobs for cash using company resources.

The court dismissed the action, finding the plaintiff was not constructively dismissed when the employer requested the return of his company vehicle and cellphone.

The court further held that even if he had been dismissed, the employer had just cause due to the plaintiff's breach of the duty of loyalty and misappropriation of company property.

The human rights claims were also dismissed.