2 total
Appeal of wrongful dismissal summary judgment dismissed on merits; costs order remitted for submissions.
The appellant employer appealed a summary judgment order granting the respondent employee $22,084 in a wrongful dismissal action under the Simplified Rules.
The appellant argued the motion judge erred in proceeding by summary judgment and in determining the issue of mitigation without cross-examination.
The Divisional Court dismissed the appeal on the merits, finding no error in the motion judge's conclusion that there were no genuine issues of credibility and that the respondent's mitigation efforts were reasonable.
However, the appeal was allowed in part to set aside the costs order, as the motion judge had failed to hear costs submissions.
Summary judgment granted in wrongful dismissal action; 12-month notice period awarded to 17-year dental receptionist.
The plaintiff, a 51-year-old dental receptionist with 17 years of service, was terminated without cause and brought a motion for summary judgment for wrongful dismissal.
The defendant argued that the notice period and mitigation efforts were contentious issues requiring a trial.
The court granted summary judgment, finding no genuine issue for trial regarding credibility or facts.
The court awarded a 12-month notice period, finding the plaintiff's mitigation efforts reasonable overall, though slightly deficient during a 3-month period of temporary employment.
Damages of $22,084 and costs of $24,162.79 were awarded to the plaintiff.
