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Successful plaintiff in wrongful dismissal summary judgment awarded $6,022.44 in partial indemnity costs.
Following a successful motion for summary judgment in a wrongful dismissal action, the plaintiff sought costs on a substantial indemnity scale.
The defendant argued for a significantly reduced partial indemnity award, citing mixed success and late waiver of claims.
The court found that neither party acted unreasonably and the matter proceeded in the normal course, warranting partial indemnity costs.
The court awarded the plaintiff $6,022.44 in costs, finding the amount fair and reasonable in the circumstances.
A 61-year-old software engineer wrongfully dismissed after 10 years of service was awarded 12 months' reasonable notice including lost benefits.
The plaintiff, Piotr Klimczewski, sought summary judgment in a wrongful dismissal action against his former employer, Nytric Ltd. The court determined a reasonable notice period of 12 months, found that the plaintiff had adequately mitigated his damages despite his specialized and aging skill set, and ruled that the pecuniary value of lost benefits should be included in the damages calculation even if no direct expenses were incurred.
Damages were awarded to the plaintiff.
