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Statutory termination payments reduce wrongful dismissal damages for Rule 49 purposes; tax consequences are irrelevant.
This endorsement addresses the appropriate resolution of costs and clarification of damages following a wrongful dismissal summary judgment motion.
The court determined that for the purpose of comparing a judgment to a Rule 49 offer, damages awards for wrongful dismissal are reduced by statutory termination payments.
Consequently, the plaintiff did not obtain a result more favourable than their Rule 49 offer, nor did the defendant's offer trigger cost consequences under Rule 49.10(2) as the court's award exceeded it when statutory payments were factored in.
The court also ruled that tax consequences are not relevant in a Rule 49 analysis.
The plaintiff was awarded partial indemnity costs, and the net value of the judgment was clarified.
Summary judgment granted for wrongful dismissal; termination clause voided for violating ESA minimum standards.
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.
Appeal from master's refusal to transfer action to Small Claims Court dismissed.
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.
