M. A. Hoy

Following a wrongful dismissal action in which the plaintiff obtained damages, the court determined the appropriate costs award.

Although the action proceeded under the ordinary procedure, the damages fell within the range of the Simplified Procedure and were only slightly above the Small Claims Court limit.

The plaintiff was unsuccessful on a claim for bad faith damages, but the court found that commencing the action under the ordinary procedure was not unreasonable.

The court held that the plaintiff achieved modest success and was entitled to costs, but found the claimed partial indemnity costs disproportionate to the recovery.

Costs were fixed at a reduced amount.

The plaintiff brought a wrongful dismissal action following termination without cause after more than eight years of employment as a quality assurance analyst.

The court determined the appropriate reasonable notice period by considering age, length of service, nature of employment, and compensation structure including overtime, bonus, benefits, and pension contributions.

A nine‑month notice period was found appropriate and damages were calculated accordingly, subject to deductions for amounts already paid and mitigation earnings.

The plaintiff also sought aggravated or bad faith damages based on the employer’s conduct surrounding the dismissal.

The court held that while the employer’s conduct was insensitive and unprofessional, it did not rise to the level of egregious or bad faith misconduct required under the governing jurisprudence.