R. Wozniak

The defendant employer brought a motion for summary judgment to dismiss the plaintiff's wrongful dismissal claim.

The defendant argued the claim was based solely on the Employment Standards Act and that the plaintiff sued prematurely before the 35-week temporary layoff period expired.

The court dismissed the motion, finding the statement of claim was broad enough to encompass common law claims, including allegations of deceit regarding the layoff notice, and that genuine issues of credibility required a trial.

The plaintiff employee brought a motion for a determination of law regarding the enforceability of a termination clause in his fixed-term employment contract, and a motion for summary judgment for damages for wrongful dismissal.

The court found the termination clause to be ambiguous regarding the continuation of benefits and whether the amounts paid were exhaustive, rendering it unenforceable and triggering the common law entitlement to reasonable notice.

However, the court declined to grant summary judgment for the balance of the fixed term, finding that a genuine issue for trial existed regarding the appropriate reasonable notice period and the plaintiff's duty to mitigate.

The court ordered a mini-trial under Rule 20.04(2.2) to hear oral evidence on these issues.