Ian St. John

The court continued a summary judgment motion in two wrongful dismissal claims.

In the Ratigan claim, full summary judgment was granted for $73,076.

In the Bouttier claim, partial summary judgment was previously granted, and the court now determined the method of payment for the remaining balance of $304,079.41, ruling it should be a lump sum.

The defendant failed to participate meaningfully despite adjournments.

Both plaintiffs were awarded substantial indemnity costs under Rule 49, totaling $10,000 for Ratigan and $15,000 for Bouttier, in addition to previously ordered costs.

The plaintiff, EllisDon Residential Inc., sought an injunction against Limen Group Const. (2019) Ltd. to resume work and against Defendant Unions for inducing breach of contract and interfering with economic relations.

The defendants argued the Ontario Labour Relations Board (OLRB) had exclusive jurisdiction over the dispute.

The court applied the Weber test, finding the essential character of the dispute related to labour relations and the interpretation of collective agreements, falling within the OLRB's exclusive jurisdiction.

The court dismissed the injunction motion and stayed the action, deferring to the OLRB.

This endorsement addresses two wrongful dismissal actions brought by Diane Ratigan and Thomas Bouttier against Premier Conferencing (Canada) Limited, heard together as summary judgment motions.

The core dispute revolved around the defendant's obligation to pay severance as a lump sum versus periodically, with mitigation having been waived as an issue.

The court granted full judgment to Ratigan for six months' severance and partial judgment to Bouttier for the first six months of his twelve-month entitlement, including salary, relocation, benefits, and RRSP contributions.

The remaining portion of Bouttier's motion was adjourned to determine the lump sum versus periodic payment for the latter six months, given the defendant's counsel's withdrawal and potential new counsel.

The plaintiff construction manager sought an urgent hearing for an injunction to prevent the defendant union from allegedly intimidating a masonry contractor's employees into refusing to work.

The developer, Westbank, sought and was granted intervenor status.

The court declined to schedule the injunction motion on an urgent basis, finding that the delay in bringing the action was strategic and the alleged urgency was self-induced.

The parties were directed to schedule a regular motion date.

Following a summary judgment motion where the defendant was substantially successful in defeating the plaintiff law firm's claim to enforce a liquidated damages clause, the court assessed costs.

The defendant sought partial indemnity costs of $46,750.08, while the plaintiff argued for $10,000.00.

The court found the motion to be of moderate complexity but noted some duplication of effort by the defendant's counsel.

Costs were fixed at $35,000.00 inclusive of HST and disbursements.

Following a decision dismissing the plaintiff law firm's claim for liquidated damages against a former partner, the parties sought directions on consequential issues.

The court ordered the plaintiff to pay $897.15 in interest for withholding the defendant's capital account funds, exercising its discretion under section 130 of the Courts of Justice Act.

The court also ordered the defendant to pay her portion of the actual costs to remove her from the firm's corporate and partnership registers, rather than an estimated amount.

The plaintiff law firm sought to enforce a liquidated damages clause against a departing partner.

The defendant partner counterclaimed for repayment of a capital account loan and unpaid draw.

The court dismissed the plaintiff's claims, finding the liquidated damages clause inapplicable as the defendant's departure qualified as a retirement under the partnership agreement.

The court allowed the defendant's counterclaim for the capital account repayment and interest on the portion withheld by the firm, but dismissed the claim for the unpaid draw.

The defendants sought costs thrown away following an adjournment of a scheduled trial.

The court noted that the adjournment resulted from the plaintiff’s lack of preparation and disclosure, and criticized the plaintiff’s counsel for making statements about important facts that were later retracted as false.

The plaintiff’s counsel also failed to provide written submissions on costs despite being given a deadline.

The court awarded the defendants costs thrown away on a full indemnity basis for the futile attendance.

The self-represented plaintiff brought motions for partial summary judgment in two related civil actions arising from municipal employment disputes.

In the first action, the plaintiff alleged breach of a mediated settlement agreement and defamation arising from public statements made by municipal officials and sought damages and an injunction enforcing a confidentiality clause.

In the second action, the plaintiff sought summary judgment for wrongful dismissal against a municipality and sanctions for failure to comply with a court-ordered timetable.

The court held that genuine issues requiring a trial existed in both actions because the disputes depended heavily on credibility and conflicting evidence regarding the parties’ intentions and the nature of the employment relationship.

Summary judgment was therefore inappropriate, though the court imposed modest sanctions against the municipality for breaching the litigation timetable.