Lumi Pungea

Following summary judgment dismissing the plaintiff’s action and granting judgment to the defendant, the court determined costs of the action.

The successful defendant sought $100,000 in costs plus disbursements despite claiming substantially higher partial and full indemnity costs.

The court applied Rule 57.01 of the Rules of Civil Procedure and emphasized proportionality, fairness, and access to justice.

The court found the defendant’s claimed hourly rates and time dockets excessive relative to the moderate complexity of the case and the simplified procedure under which it proceeded.

Costs were fixed in a reduced all-inclusive amount payable by the plaintiff.

The plaintiff brought a wrongful dismissal action seeking damages after his employment ended following an extended absence related to claimed depression and anxiety.

The employer moved for summary judgment arguing the employee abandoned or voluntarily resigned by failing to comply with the employer’s short‑term disability plan requirements, failing to provide required medical documentation, relocating provinces without notice, and refusing to return to work despite multiple warnings.

The court held that abandonment is assessed objectively and that the employee’s prolonged absence, failure to follow disability plan procedures, and relocation demonstrated a clear intention not to be bound by the employment contract.

The court rejected arguments that the employer had an independent duty to accommodate beyond the disability plan in the absence of proper medical evidence.

Summary judgment was granted dismissing the wrongful dismissal claim.

An employee with 19 years of service brought a wrongful dismissal action after being terminated for cause for submitting falsified medical benefits claims and misrepresenting a fictitious dependent to the employer’s benefits insurer.

The employee argued the falsifications were intended only to draw attention to an administrative error in her benefits profile and also alleged discrimination and harassment related to a workplace injury.

The court found the employee knowingly falsified documents, misled the insurer, and failed to provide truthful explanations during the employer’s investigation.

Applying the contextual approach to dishonesty in employment, the court held the misconduct fundamentally breached the trust essential to the employment relationship, particularly given the employee’s supervisory role.

Claims for wrongful dismissal, bad faith damages, and breach of the Human Rights Code were dismissed.