James

The plaintiff sued the estate of a deceased priest and the Archdiocese for historical sexual assault.

The plaintiff's claim against the estate was dismissed due to the two-year limitation period in the Trustee Act.

The estate then brought a motion to dismiss the Archdiocese's crossclaim for contribution and indemnity, arguing it was also barred by the Trustee Act.

The court dismissed the motion, holding that section 18 of the Limitations Act, 2002 governs claims for contribution and indemnity and prevails over the Trustee Act limitation period, allowing the crossclaim to proceed.

The plaintiff employee was temporarily laid off by the defendant employer.

The plaintiff brought a motion for summary judgment claiming constructive dismissal, arguing the employment contract did not permit temporary layoffs.

The employer argued the layoff complied with the Employment Standards Act.

The court held that a temporary layoff without express or implied contractual authority constitutes constructive dismissal, rejecting the argument that the ESA displaces the common law requirement.

The plaintiff was awarded statutory notice and severance pay.

However, the court capped common law damages at five months because the plaintiff failed to mitigate by refusing a recall to work, and these damages were fully offset by statutory payments and new employment income.