Court of Appeal for Ontario

Date: July 11, 2017 Docket: C63189

Panel: MacPherson, Cronk and Benotto JJ.A.

Between

Francis Aboagye Plaintiff (Appellant)

and

Atomic Energy of Canada Defendant (Respondent)

Counsel

Francis Aboagye, in person

Frank Cesario, for the respondent

Heard: July 7, 2017

On appeal from: the judgment of Justice Michal Fairburn of the Superior Court of Justice, dated December 30, 2016.

Reasons for Decision

[1] The appellant's claim for damages for wrongful dismissal was dismissed on a motion for summary judgment. He appeals on the basis that he was not terminated for cause.

[2] The appellant was hired by Atomic Energy of Canada—Canada's leading nuclear agency. All employees are required to obtain security clearances. It is not in dispute that he was not truthful when he completed a "Security Questionnaire for Site Access Clearance". This form asked for an employment history and warned: "There should be no gaps…". At the time, the appellant was employed at Ivaco Rolling Mills. He did not disclose this, but indicated by email that he was unemployed.

[3] The appellant began working for the respondent on May 15, 2012. The respondent received complaints about his harassment of other employees. He was put on investigatory leave five months later in October 2012. During an interview as part of the investigation, it was revealed that he had lied about his whereabouts when the respondent was trying to reach him to extend an offer of employment. At the time, he said he was in Africa attending his father's funeral. The appellant was terminated in December 2012.

[4] The appellant submits that the motion judge erred in dismissing his claim by emphasizing the national security aspect of the respondent's operations. He submits that he told the respondent on his first day of work that he had worked at Ivaco and denies lying about his father's funeral.

[5] The motion judge's reasons are detailed, thorough and properly set out the legal principles with respect to termination for cause. We agree with her that the breach of honesty in this case goes to the core of the employment relationship. The respondent's employees have access to nuclear facilities and information vital to the security of the country. The security clearances are designed to protect national security. On this basis alone, there were clear grounds for dismissal and there was no genuine issue requiring a trial.

[6] The appeal is dismissed with costs fixed at $3,500 inclusive of disbursements and HST.

"J.C. MacPherson J.A."

"E.A. Cronk J.A."

"M.L. Benotto J.A."