The plaintiff, Ronald Dawson, brought an unsuccessful summary judgment motion in his wrongful dismissal action.
The court dismissed the motion, finding genuine issues requiring a trial, including evidentiary conflicts and credibility issues.
The defendant, Colt Food Services Limited, sought substantial indemnity costs for the motion.
The court, exercising its discretion, reserved the costs of the summary judgment motion to the trial judge.
This decision was based on the finding that the work done for the motion would facilitate the trial process, and a significant costs award against the plaintiff, who faced financial hardship, would impede his access to justice.
