Elisha Jamieson-Davies

The plaintiff, a 62-year-old former Director of Product Design and Development with 11.65 years of service, sued for wrongful dismissal after his employment was terminated.

The court applied the Bardal factors and awarded a 16-month reasonable notice period, including base salary, unpaid bonus, benefits, and pension contributions.

The plaintiff's claim for bad faith damages, based on the employer's late disclosure of a superseding employment contract, was dismissed as the conduct did not meet the required threshold.

In a national class action for unpaid overtime, the defendant bank brought a motion for a class-wide limitations order to time-bar claims falling outside provincial limitation periods.

The court dismissed the motion, finding that the reasonable discoverability of the claims—specifically whether taking legal action was appropriate—required individualized assessments.

Evidence of power imbalances, fear of reprisal, and reasonable reliance on the bank's misrepresentations rebutted the statutory presumption of discoverability on a class-wide basis.

The plaintiff's cross-motion to strike the limitations defence entirely was also dismissed.

At a case conference, the plaintiff sought permission to bring a motion for summary judgment in a wrongful dismissal action.

The defendant objected, arguing that allegations of bad faith, mental distress, and discrimination created genuine issues for trial requiring credibility assessments.

The court permitted the plaintiff to proceed with the motion, noting that judges have powers to determine credibility and address contested facts under Rule 20 of the Rules of Civil Procedure, and set a timetable for the motion.

The representative plaintiff brought a motion for summary judgment on the liability common issues in a class action for unpaid overtime on behalf of customer service employees of the defendant bank.

The court found that the bank's overtime policies, which required pre-approval, and its failure to record actual hours worked, violated the Canada Labour Code.

The court concluded that the bank permitted uncompensated overtime by failing to prevent it, thereby breaching its statutory and contractual duties to the class members.