Natasha Zervoudakis

The plaintiff, a General Foreman, sued for wrongful dismissal.

The court found he was hired under a fixed-term oral contract for the project's duration.

The defendant argued that the collective agreement, which provided for only four hours' notice, applied by custom, despite the General Foreman position not being covered by the agreement.

The court held that the burden was on the defendant to prove the termination clause was an implied term, which it failed to do.

Consequently, common law principles applied, entitling the plaintiff to damages for the unexpired term of the contract, mitigated by new employment.

This costs endorsement addresses the costs arising from a motion by the City of Mississauga to amend its Statement of Defence and cross-motions by the plaintiff, Amanda Martin.

The City was entirely successful on its motion and substantially successful against the plaintiff's cross-motions.

The court considered the principles governing costs awards, including the five purposes of costs rules and the factors under Rule 57.01(1) of the Rules of Civil Procedure.

Despite the plaintiff's arguments for divided success and an offer to settle, the court found the City largely successful and awarded partial indemnity costs.

The court reduced the City's claimed costs, fixing them at $9,000, payable by the plaintiff within 90 days, noting the plaintiff's conduct contributed to the length and costs of the proceedings.