2 total
The court limited a successful plaintiff's costs to Small Claims Court maximums due to the recovery amount and divided success.
The Plaintiff, Barbara Wilds, sought substantial indemnity costs after partially succeeding in a wrongful dismissal action against 1959612 Ontario Inc. o/a Gibson Building Supplies, where she was awarded damages for wrongful dismissal and punitive damages.
The Defendant argued costs should be limited as the recovery was within Small Claims Court jurisdiction and success was divided.
The court found the action should have been commenced in Small Claims Court and limited the costs award to the maximum recoverable there ($5,250.00 plus disbursements), further reducing it by 25% due to divided success.
The Plaintiff's Rule 49 offer to settle was found not to trigger costs consequences as the judgment was not more favourable.
The Defendant was ordered to pay $6,000.00 in all-inclusive costs.
Termination clause voided for ESA violations; employee awarded 2 months' notice and $10,000 punitive damages.
The plaintiff brought a motion for summary judgment in a wrongful dismissal action against her former employer.
The court found the termination provisions in the employment agreement unenforceable as they violated the Employment Standards Act, 2000.
The plaintiff, who worked as an executive assistant for 4.5 months, was awarded a two-month reasonable notice period.
The court awarded damages for lost salary, benefits, earned bonus, accrued vacation, and unpaid expenses.
The court dismissed the claim for mental distress damages due to lack of evidence but awarded $10,000 in punitive damages for the employer's flagrant and repeated failures to comply with minimum statutory entitlements.
