Robert Konduras

The plaintiff, Ryan Grealy, brought an action for damages for breach of contract after his employment with XL Tool Inc. was terminated without cause.

Grealy had left a long-term position at Diematic Tooling Solutions Inc. to join the defendant, initially on a part-time basis and then full-time.

Upon termination, he was paid one week’s severance as required by the Employment Standards Act, but claimed this was inadequate.

The court considered whether Grealy was induced to leave secure employment, the appropriate notice period, and whether punitive damages were warranted.

The court found no inducement, set a reasonable notice period of 12 weeks, and awarded damages accordingly, but denied punitive damages.

This costs endorsement follows the dismissal of a motion by the plaintiffs to abridge the time for service of an expert report regarding the standard of care by a hospital.

The court considered the factors under Rule 57.01 of the Rules of Civil Procedure and s. 131 of the Courts of Justice Act, as well as the principles in Boucher v. Public Accountants Council for the Province of Ontario.

The court found that a fair and reasonable award of costs for the motion was $7,500, to be paid by the plaintiffs to the defendant, Grand River Hospital.

The plaintiffs moved for an order abridging the time for service of an expert report regarding the standard of care by a hospital.

The court dismissed the motion, finding no reasonable explanation for the late service of the plaintiff’s expert report and emphasizing the importance of timely service of expert reports under the Rules of Civil Procedure.

The matter was removed from the January 2025 trial sittings and directed to Trial Scheduling Court.