Ryan Edmonds

The plaintiff brought a motion for summary judgment for wrongful dismissal after being terminated without cause by the defendant.

The court found the matter suitable for summary judgment.

Applying Waksdale, the court held the entire termination clause was void because the 'for cause' provision violated the Employment Standards Act by contracting out of minimum statutory entitlements.

The court awarded a five-month reasonable notice period, finding the plaintiff reasonably mitigated his damages by securing new employment, and calculated damages for base salary, commissions, and benefits, while denying lost pension contributions.

The defendant appealed a master's decision dismissing its motion to transfer a Simplified Procedure action to the Small Claims Court.

The master had declined the transfer because the action was already scheduled for a summary trial in the Superior Court, and a transfer would cause prejudicial delay.

The Superior Court of Justice found no error in principle or palpable and overriding error in the master's exercise of discretion.

The appeal was dismissed, and fresh evidence admitted on consent did not alter the outcome.