Gillian Howe

The appellant appealed a Small Claims Court decision dismissing her wrongful dismissal claim.

She was terminated during her six-month probationary period for failing to comply with a scent-free policy and altering patent applications contrary to instructions.

On appeal, she argued the trial judge provided inadequate reasons and failed to consider relevant evidence.

The Divisional Court dismissed the appeal, finding the trial judge's reasons were sufficient to explain that the employer acted in good faith, and there was no palpable and overriding error in the assessment of the evidence.

The appellant appealed a Small Claims Court decision striking his claim against the respondents for failing to disclose a reasonable cause of action.

The appellant had sued for damages related to extra expenses and lost income after failing his truck driving test multiple times, disputing specific instructions in the Ministry of Transportation Truck Handbook.

The Divisional Court dismissed the appeal, finding the Deputy Judge made no error of law in concluding the claim disclosed no reasonable cause of action, even when read generously.

The applicant in a human rights proceeding alleging discrimination based on sex, place of origin, and reprisal brought a Request for Order seeking production of documents relating to former co-workers, the exclusion of a proposed witness for the respondents, and an extension of time.

The Tribunal denied the requests for production, finding the documents were not arguably relevant to the issues in the proceeding and ran afoul of the collateral evidence rule.

The Tribunal also refused to exclude the respondents' witness, noting the applicant's concerns went to credibility and weight rather than admissibility.

The request for an extension of time was consequently denied.