Marie-Pierre T. Pilon

The plaintiff brought a motion for summary judgment in a wrongful dismissal action after termination without cause following 31 years of service.

The court applied the principles in Hryniak v. Mauldin and found no genuine issue requiring a trial.

Considering the Bardal factors, including the employee’s age, lengthy service, supervisory role, and proximity to eligibility for an unreduced pension, the court determined that damages should effectively bridge the employee to his pension entitlement rather than apply a full 22‑month notice period.

The court rejected the employer’s mitigation arguments, finding that the employee’s extensive job search and acceptance of lower-paying retail work satisfied the duty to mitigate.

Judgment was granted for salary to the pension qualification date, compensation for lost pension value, and the contractual retirement allowance.

The self-represented applicant brought three procedural motions within his application for judicial review of decisions by the Human Rights Tribunal of Ontario.

First, he sought to strike the respondents' materials for late filing; the court dismissed this, allowing the materials nunc pro tunc as the delay was minimal and caused no prejudice.

Second, he argued the Tribunal's record of proceedings was incomplete; the court agreed and ordered the Tribunal to allow the applicant to select correspondence for a supplementary record, awarding him $150 in costs.

Third, he sought to remove respondent counsel for an alleged conflict of interest; the court dismissed this as the Tribunal had already decided the issue.

The Member, a teacher, faced allegations of professional misconduct and incompetence following three unsatisfactory performance appraisals.

The College withdrew the incompetence allegation, and the Member pleaded no contest to professional misconduct for failing to maintain professional standards and failing to comply with the relevant Acts.

The Discipline Committee accepted the Agreed Statement of Facts and found the Member guilty.

The Committee accepted a joint recommendation on penalty, imposing conditions on the Member's Certificate of Qualification and Registration, including the requirement to complete an additional qualification course before returning to teaching.

The Committee declined to publish the Member's name in the College's official magazine, noting the Member's retirement, the absence of student safety concerns, and the mitigating circumstances.