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Summary judgment Claim dismissed
The plaintiff, a 43-year-old grader operator with 15 years of service, moved for summary judgment on a wrongful dismissal claim against the Township.
The court determined a reasonable notice period of 15 months, rejecting the defendant's argument of inadequate mitigation efforts due to insufficient evidence.
The plaintiff's claim for general damages for bad faith dismissal was dismissed, as the Township's failure to continue benefits was not deemed bad faith, and an employee's defamatory statement was outside the scope of employment and lacked proven reputational harm.
Damages were calculated for lost wages, overtime, benefits, and pension, but not for lost vacation pay.
The Court of Appeal set aside an injunction, ruling that a zoning by-law prohibiting trailers for human habitation did not apply to recreational motor homes.
The appellants owned vacant land in the Township of Havelock-Belmont-Methuen and placed a recreational motor home on their property.
The Township sought a declaration that this was a non-permitted use under its Comprehensive Zoning By-Law and an injunction prohibiting the placement of any vehicle for human habitation.
The application judge granted the Township's application.
The Court of Appeal allowed the appeal, finding that the application judge erred in interpreting the by-law to include recreational motor homes, which were not expressly prohibited.
The court also found that providing electrical power to the motor home was insufficient evidence of intended habitation without actual habitation, and that the injunction was overly broad as it prohibited all vehicles, including cars.
