Elizabeth M. Stewart

The appellant appealed an order dismissing the wrongful dismissal portion of her action at the opening of trial on the basis that the claim was frivolous, vexatious, and an abuse of process.

The Court of Appeal held that the motion record and pleadings did not properly set up reliance on the prior human rights proceeding, and in any event the prior decision did not determine the same question for issue estoppel purposes.

The prior tribunal may have addressed disability-related dismissal, but it did not adjudicate the pleaded allegation that the employer acted precipitously and in bad faith in terminating employment.

The appeal was allowed, the dismissal order was set aside, and no costs were ordered.

In this occupier’s liability appeal arising from a slip and fall, the appellant challenged the jury’s findings on liability and damages as unreasonable, while the plaintiff cross-appealed the reduction of damages, the failure to award pre-judgment interest, and related matters.

The court upheld the jury’s liability finding, holding there was evidence of negligence including water on the floor, absence of mats, and absence of signs.

The court declined to interfere with the jury’s general damages award, but set aside the special damages award for lack of evidentiary foundation and reduced the Family Law Act award to the husband.

The cross-appeal succeeded to the extent that the 20 percent reduction in the plaintiff’s damages was deleted and pre-judgment interest was ordered.

No costs were awarded on the appeal or cross-appeal.