Paul Stuart Schwartzman

The court held that Richard Turcotte was constructively dismissed by Grenville Management Inc. when he was unilaterally laid off during the COVID-19 pandemic, as the employment agreement did not permit such a layoff without his consent.

The court rejected the employer’s argument that pandemic-related regulations suspended the right to claim constructive dismissal at common law.

Turcotte was awarded 16 months’ pay in lieu of notice, with no punitive or moral damages, as the employer’s conduct, while problematic, did not meet the threshold for such awards.

The judge conducted a second case conference in a wrongful dismissal action, aiming to schedule a summary judgment motion.

The court noted the prevalence of "tactical pleadings" that hinder efficient resolution and emphasized counsel's dual duty of advocacy and objective advice.

Due to the persistence of complex, potentially tactical claims (e.g., suing directors personally, asserting cause for dismissal based on old issues), the case was deemed unsuitable for summary judgment.

Instead, the judge issued detailed directions for trial preparation, including managing a motion for costs appeal, developing a hybrid trial plan, identifying witnesses, preparing a joint book of documents with hyperlinks, and considering witness testimony by affidavit.

The court encouraged settlement before incurring significant trial costs.