J.W. Kramer

Two wrongful dismissal actions settled at mediation, but the employer delayed payment of the agreed settlement funds beyond the customary 30‑day period.

The plaintiffs prepared a motion for judgment to enforce the settlements after repeated unanswered inquiries about payment.

The court rejected the employer’s argument that the motion was premature and criticized the allegation that opposing counsel breached professional conduct rules.

Finding that the defendant’s tardiness necessitated the motion preparation, the court awarded costs to compensate the plaintiffs for legal expenses incurred.

The appellant sued her employer of 28 years for wrongful and/or constructive dismissal.

Shortly after commencing the lawsuit, she applied for and received long-term disability benefits, indicating on the application that she was still employed.

The employer successfully moved for summary judgment on the basis that the appellant was estopped from claiming dismissal due to her disability application.

The Court of Appeal allowed the appeal, finding that whether the appellant's actions amounted to a representation, whether the employer could rely on it, and whether there was detrimental reliance were triable issues.