The appellant appealed a trial judgment that dismissed his defamation and related claims against his former employer and awarded him only $17,192.57 for wrongful dismissal, while ordering him to pay $35,000 in costs.
The appellant argued the trial judge erred in her defamation analysis, credibility findings, and acceptance of unpleaded defences.
The Divisional Court dismissed the substantive grounds of appeal, finding no palpable and overriding error in the trial judge's conclusion that the employer's negative reference was substantially true.
However, the court granted leave to appeal the costs award, finding the trial judge erred by applying Rule 49.10(1) instead of Rule 49.10(2) for a defendant's offer to settle, and remitted the costs issue to the trial judge.
