On competing motions for summary judgment arising from the termination of an unpaid student practicum placement, the court dismissed the plaintiff's action in its entirety.
The court held the plaintiff was an unpaid volunteer rather than an employee and therefore could not advance wrongful dismissal or contractual consequential damages claims.
It further found no viable negligence or tort claim, including no actionable duty to conduct a non-negligent investigation before terminating the volunteer arrangement, and no proof of damages.
The defendant was awarded full indemnity costs because the claim lacked merit and was pursued with improper and inflammatory allegations.
