Jordan Nichols

Following an appeal, the Court of Appeal issued a supplementary costs endorsement regarding the costs of the underlying summary judgment motion.

The Court directed that the costs of the motion be fixed by the motion judge in light of the appeal's result, unfettered by the terms of the original judgment.

The appellant appealed a summary judgment dismissing its action against the respondents for damages related to cracked heat recovery steam generators at a power plant.

The motion judge had ruled the claims were barred by the 12-month limitation period under the Professional Engineers Act.

The Court of Appeal upheld the dismissal of claims based on engineering design deficiencies but allowed the appeal regarding the proposed amended claims for breach of a product durability warranty, finding a genuine issue for trial as to whether those claims fell outside the scope of professional engineering services and were subject to a six-year limitation period.

The appellant appealed an order finding that the employer's Fairness Appeal Program did not apply to his termination.

The Court of Appeal dismissed the appeal, agreeing with the application judge that the program expressly excludes terminations without cause.

The court held that an employer's underlying concerns regarding performance do not convert a termination without cause into a termination for cause when the employer elects to provide notice or payment in lieu thereof.

No evidence of employer bad faith was found.