Daniel R. McDonald

Ace Marmon appealed a Small Claims Court decision dismissing his wrongful dismissal action against SanMar Canada.

Marmon claimed he was fired without cause, while SanMar asserted he resigned or was terminated for insubordination after refusing temporary shipping duties at his regular pay rate.

The Superior Court of Justice dismissed the appeal, finding no palpable and overriding errors of fact or law by the Deputy Judge.

The court upheld the finding that Marmon's refusal constituted repudiation of an essential employment condition and insubordination, justifying dismissal.

The plaintiff moved for summary judgment alleging wrongful dismissal and breach of contract, arguing her employment was for a fixed term of one year.

The defendant contended it was an indefinite term.

The court found the employment contract, comprising an email and an attached agreement, clearly established a one-year fixed term.

Consequently, the plaintiff was entitled to damages for the unexpired term without mitigation.

The motion for summary judgment was granted.

The employer brought a motion for partial summary judgment dismissing a former employee’s claims for unpaid bonuses on the basis that the claims were statute‑barred under the Limitations Act, 2002.

The court examined the employment agreement and the employer’s bonus practices, finding the process for awarding bonuses was unilateral, opaque, and not explained to the employee.

The court held that the evidence did not clearly establish that the employee knew or ought to have known he had a claim more than two years before commencing the action.

The employer’s failure to disclose its interpretation of the bonus provisions and relevant sales information could amount to fraudulent concealment preventing the limitation period from running.

The motion for partial summary judgment was dismissed.