3 total
The court struck portions of a statement of defence relying on inadmissible college records but granted leave to amend.
The plaintiff, an internationally trained physician employed by a pain management clinic, was terminated after a complaint involving him was made to the College of Physicians and Surgeons of Ontario (CPSO).
The plaintiff sued for wrongful dismissal, and the defendant asserted termination for cause based on evidence from the CPSO.
The plaintiff moved to strike portions of the statement of defence, arguing they contravened the Rules of Civil Procedure and s. 36 of the Regulated Health Professions Act, 1991 (RHPA).
The court partially granted the motion, striking references to evidence provided by the CPSO, as such documents are inadmissible in civil proceedings under s. 36(3) of the RHPA.
However, the court allowed the defendant leave to amend its defence.
Costs were fixed due to mixed success.
Costs were denied because the successful wrongful dismissal claim belonged in Small Claims Court.
The plaintiff, having won a wrongful dismissal trial for $15,701.71, sought substantial indemnity costs of $54,777.36.
The defendant argued against costs, noting the award was within Small Claims Court jurisdiction and significantly less than the plaintiff's initial $200,000 claim.
The court found the case should have been in Small Claims Court due to the monetary value and the plaintiff's overreach in claims (aggravated/punitive damages, Human Rights Code) that were dismissed.
The defendant's Rule 49 offer was reasonable.
The court dismissed both parties' claims for costs, finding no costs payable to either party.
Wrongful dismissal trial awards 7.25 months' notice; termination clause void for lack of consideration.
The plaintiff, a 69-year-old esthetician, was terminated without cause after working for the defendant and its predecessor for 20 years.
The court found the termination clause in her employment agreement unenforceable due to a lack of fresh consideration.
Recognizing her prior service with the bankrupt predecessor employer, the court awarded a total notice period of 10 months, less the working notice already provided, resulting in 7.25 months' pay in lieu of notice.
Claims for aggravated damages, punitive damages, and age discrimination were dismissed.
