2 total
Summary judgment granted for wrongful dismissal with four months' notice, but denied for LTD claim.
The plaintiff brought a motion for summary judgment against her former employer for wrongful dismissal and against the employer and insurers for denial of long-term disability (LTD) benefits.
The court granted summary judgment on the wrongful dismissal claim, finding a four-month notice period reasonable given the plaintiff's 15-month tenure and health vulnerabilities.
However, the court dismissed the motion for summary judgment regarding the LTD claim, finding that conflicting evidence regarding coverage dates, representations made, and the plaintiff's disability status presented genuine issues requiring a trial.
Motion for leave to appeal dismissed with costs.
The moving party brought a motion for leave to appeal a lower court decision.
The Divisional Court dismissed the motion for leave to appeal and ordered the moving party to pay costs of $5,000 to one of the responding parties.