Jeffrey Pariag

This decision addresses the costs payable to the plaintiff, Gary West, following a successful motion for default judgment in a wrongful dismissal action against Mex Precision Wire Corporation.

The plaintiff had been awarded $92,285.16 in damages and sought $14,594.13 in costs on a partial indemnity basis.

The court, after reviewing the costs outline, awarded the plaintiff $10,000, all inclusive, for costs.

The plaintiff brought a motion for default judgment in a wrongful dismissal action after the defendant employer failed to defend.

The plaintiff, a 59-year-old general manager, was induced to leave secure employment and was terminated after 12 months with four weeks' working notice.

The court dismissed the claim for intentional infliction of mental suffering due to lack of medical evidence but awarded $10,000 in aggravated damages for the bad faith manner of dismissal.

The court also awarded 12 months' reasonable notice, resulting in $79,300 for wrongful dismissal, plus pre-judgment interest and costs.

The defendant City of Toronto brought a motion to strike the plaintiff's wrongful dismissal claim against it, arguing it was not the plaintiff's employer.

The plaintiff brought a cross-motion to amend her statement of claim to plead that the City was a common employer with the co-defendant child care centre.

The court found that the plaintiff's pleadings, even if amended, consisted of bald, conclusory allegations lacking material facts to support a common employer relationship under either the common law or the Employment Standards Act.

The court granted the City's motion to strike, denied the plaintiff's motion to amend, and dismissed the action against the City.