Pamela Krauss

The plaintiff, a 51-year-old service manager with 32 years of service, was terminated without cause.

He brought a motion for summary judgment for wrongful dismissal damages.

The defendant argued the plaintiff's recovery was limited to the $100,000 simplified procedure limit minus the $64,723 already paid.

The court held that because the action was transferred to the ordinary procedure, the limit did not apply, and regardless, voluntary payments are deducted from the total assessed damages, not the claim limit.

Applying the Bardal factors, the court awarded 18 months' notice.

The court also found the defendant failed to prove the plaintiff did not mitigate his damages.

The plaintiff was awarded $50,260 net of amounts already paid.

The plaintiff, a 70-year-old machine operator with 20 years of service, was dismissed without cause.

He brought a motion for summary judgment for wrongful dismissal damages.

The defendant employer brought a motion to stay the summary judgment motion until it could conduct an examination for discovery.

The court dismissed the defendant's motion, finding that the issues could be fairly resolved on the documentary record without discovery.

Applying the Bardal factors, the court granted summary judgment to the plaintiff, awarding a 22-month notice period and damages totaling $69,139.03.

The plaintiff, a 70-year-old machine operator with 20 years of service, was dismissed without cause and brought a motion for summary judgment for wrongful dismissal damages.

The defendant employer brought a cross-motion to stay the summary judgment motion until it could conduct an examination for discovery.

The court dismissed the defendant's motion, finding it had failed to put its best foot forward or present any contradictory evidence.

Applying the Bardal factors, the court granted summary judgment to the plaintiff, fixing the reasonable notice period at 22 months and awarding $69,139.03 in damages.

The respondent employee was entirely successful on an appeal from a Small Claims Court decision regarding wrongful dismissal.

The court received written submissions on costs.

The respondent sought full indemnity costs of $12,915.90, while the appellant employer argued each party should bear their own costs or alternatively pay $7,300.

The court rejected the appellant's argument for no costs and found no justification for full indemnity.

The court fixed the respondent's costs on a partial indemnity basis at $8,500 plus HST.