The plaintiff appealed the dismissal of his defamation and wrongful dismissal actions arising from a workplace sexual assault allegation, while the defendant cross-appealed the dismissal of her sexual assault counterclaim as statute-barred.
The Court of Appeal held that the trial judge made no palpable and overriding error in accepting the defendant's evidence, rejecting the plaintiff's credibility, dismissing the plaintiff's claims, and awarding costs.
However, the court allowed the cross-appeal because the plaintiff had not pleaded the limitation defence under s. 45(1)(j) of the Limitations Act, and a trial judge should not decide the case on an unpleaded affirmative defence that may cause prejudice.
The defendant was therefore awarded $100,000 in damages on the counterclaim.
