Kimberley Sebag

This endorsement addresses a dispute over costs related to a motion to strike that did not proceed.

The plaintiff argued the motion was abandoned, while the defendants claimed it was rendered moot by the plaintiff's amendments.

The court found that the defendants' motion was not made moot by the amendments and that the defendants had strategically abandoned it.

The court awarded the plaintiff costs, noting the defendants' decision to pursue costs against an individual who had lost employment.

This is an appeal from a trial judgment awarding damages in lieu of notice for termination from employment.

The appellant challenged the trial judge's assessment of the respondent’s reasonable notice period, entitlement to a bonus payment during the notice period, and the inclusion of disbursements from a mandatory mediation in the costs award.

The Court of Appeal dismissed the appeal, finding no palpable or overriding error in the trial judge's application of Bardal factors or the inclusion of pro-rata bonus entitlement.

The court also affirmed that expenses for mandatory mediation, even with a non-roster mediator, are properly included as disbursements in a costs award.