Marsha Lindsay

The respondent/defendant brought a cross-appeal regarding costs following a wrongful dismissal action under the Simplified Procedure Rule where the plaintiff sought $25,000.

The defendant had made a Rule 49 offer of one month's salary which the plaintiff did not accept.

The Divisional Court allowed the cross-appeal, finding no reason to deny the successful party its costs.

The court fixed costs for the trial, appeal, and cross-appeal at $10,000 all-inclusive, payable by the appellant/plaintiff to the respondent/defendant.

The appellant appealed the dismissal of his wrongful dismissal claim.

The trial judge had found that a mutual release signed by the appellant was a complete defence to the action, as there was no evidence of coercion or unconscionability.

The appellant also appealed the trial judge's decision to allow an amendment to the statement of defence at the opening of the trial.

The Divisional Court found no merit in either ground of appeal and dismissed the appeal.