The defendant employer brought a motion seeking leave to appeal an interlocutory order dismissing its motion for summary judgment in a wrongful dismissal action.
The underlying motion sought to fix a reasonable notice period while dismissing claims for bad faith, punitive damages, and intentional infliction of mental suffering.
The court held that the motions judge reasonably concluded that the evidentiary record raised genuine issues requiring a trial, particularly regarding the circumstances of the termination and potential mental suffering damages.
Applying rule 62.02(4) of the Rules of Civil Procedure, the court found no conflicting decisions and no reason to doubt the correctness of the order sufficient to justify leave.
Leave to appeal the costs order was also refused given the small quantum at issue and the motions judge’s broad discretion in fixing costs.
