3 total
The court awarded a wrongfully dismissed sales employee six months' pay in lieu of notice.
The plaintiff brought a summary judgment motion in a wrongful dismissal action against her former employer, Staples Canada Inc. The plaintiff, terminated without cause after almost five years of employment, sought nine months' compensation in lieu of notice.
The court found that the plaintiff made exemplary efforts to mitigate her damages and determined a reasonable notice period of six months, awarding her $34,171.92.
The court ordered the plaintiff to pay $6,000 in costs following an unsuccessful and avoidable motion.
The plaintiff's motion was dismissed, leading to this costs endorsement.
The defendants, Kiewit Alarie A Partnership and Electrical Power Systems Construction Association, sought costs.
The court awarded costs of $4,000 to KAP and $2,000 to EPSCA, all inclusive, payable within 30 days.
The court rejected the plaintiff's arguments for no costs or delayed payment, finding the underlying motion to be without legal foundation, premature, and an abuse of process, and that it unnecessarily delayed proceedings.
The court held that commencing a Rule 39.03 examination does not preclude a party from subsequently delivering supplementary reply affidavits.
The Plaintiff brought a motion to strike supplementary affidavit evidence filed by the Responding Defendants in their summary judgment motion.
The Plaintiff argued that the supplementary affidavits were improper under the Rules of Civil Procedure, specifically Rule 39.02, as they were filed after a Rule 39.03 examination had commenced.
The Defendants contended that Rule 39.02 was not violated because the affidavits were not filed after a cross-examination on the Plaintiff's affidavit, and a Rule 39.03 examination is a form of primary evidence to which reply affidavits are permissible.
The court accepted the Defendants' position, finding that a Rule 39.03 examination is distinct from a Rule 39.02 cross-examination and does not preclude the filing of reply affidavits.
The Plaintiff's motion was dismissed.
