Phil White

Following a successful motion for summary judgment in a wrongful dismissal action where the plaintiff was awarded $20,904, the parties made written submissions on costs.

The plaintiff sought substantial indemnity costs of $67,959 or partial indemnity costs of $57,082.

The court rejected the claim for substantial indemnity costs, finding the defendant's conduct did not warrant them.

The court also declined the defendant's request to deny costs under Rules 57.05 or 76.13, noting that proceeding by summary judgment achieved the same efficiencies as the Simplified Procedure.

Considering proportionality and the plaintiff's limited success, the court awarded the plaintiff total costs of $23,000 on a partial indemnity basis.

The plaintiff, a 14-year employee, was terminated for failing to provide a doctor's note in a timely manner while on sick leave.

She brought a motion for summary judgment for wrongful dismissal.

The court found that while the plaintiff breached a reasonable company policy, summary dismissal was a disproportionate response.

The court determined the appropriate notice period was 10 months, but reduced it to 6 months because the plaintiff failed to mitigate her damages by not seeking alternative employment for 15 months.

The court dismissed the claim for punitive and moral damages, finding the employer did not act maliciously.

The plaintiff was awarded $20,904.