Tate McLeod

Following a successful motion for summary judgment by the defendants, the court determined the quantum and scale of costs.

The defendants sought $97,599.95 in substantial indemnity costs, relying on a Rule 49 offer to settle.

The court found the offer was valid and the plaintiff fared less favourably, justifying costs on a higher scale.

However, noting the lack of complexity and the principle of proportionality, the court fixed costs at $45,000 inclusive of HST and disbursements.

The defendants brought a summary judgment motion to dismiss an employment-related action on the basis of a signed full and final release executed at termination.

The responding party argued the release was unenforceable due to economic duress and unconscionability arising from dismissal, illness, and alleged inequality of bargaining power.

Applying the summary judgment framework, the court held there was no genuine issue requiring a trial, found no illegitimate coercive pressure, and concluded the employer had taken sufficient steps to mitigate any bargaining imbalance, including extensions and encouragement to seek legal advice.

The court also held the bargain was not improvident given the payment received and the nature of the release.

Summary judgment was granted dismissing the action.