The appellants appealed a partial summary judgment that allowed the respondent's action for wrongful dismissal and awarded damages based on a one-year notice period.
The motion judge had refused to admit new evidence regarding an employment contract the respondent signed with another firm shortly after termination.
The Court of Appeal allowed the appeal, finding the motion judge erred in failing to admit the new evidence, which raised issues about the respondent's actions and intentions.
The Court set aside the order and referred the entire matter for trial alongside the existing counter-claim and oppression action.
