Court File and Parties

COURT FILE NO.: CV-19-623509 DATE: 2020-09-15 SUPERIOR COURT OF JUSTICE - ONTARIO

RE: PATRICIA WYNTER, Plaintiff AND: MOUNT SINAI HOSPITAL, Defendant

BEFORE: Schabas J.

COUNSEL: Arleen Huggins, for the plaintiff Elisha Jamieson-Davies, for the Defendant

HEARD: September 14, 2020

Endorsement

[1] I held a case conference in this matter today. The plaintiff seeks to bring a motion for summary judgment in this wrongful dismissal action. The defendant objects, saying that there are a range of allegations that create genuine issues for trial, citing allegations of bad faith against the defendant including making untruthful statements to the plaintiff about the reasons for her termination, the timing of it, and an alleged policy and/or term of the plaintiff’s employment that she would be able to reach her unreduced early retirement date, among other things. The claim seeks damages for mental distress and moral damages, as well as punitive damages. There is also a plea that suggests discrimination on the basis of race.

[2] The plaintiff’s proposed motion contemplates evidence from the plaintiff and an actuary. The evidence from the defendants may need to be more extensive, although that is not clear. While there may be credibility issues as this is not a simply wrongful dismissal case that deals with length of notice, I am not satisfied that the case cannot be dealt with on summary judgment. Judges have powers to determine credibility and address contested facts in appropriate circumstances under Rule 20.04(2.1) and (2.2).

[3] The plaintiff shall be permitted to pursue her motion. If a mini-trial is necessary, that can be addressed in due course, by counsel seeking further directions, or by the judge at the hearing of the motion. And if the judge determines that there are genuine issues for trial such that the motion is dismissed, then the plaintiff may need to compensate the defendant in costs. But given the desirability of prompt resolution of claims, I am not satisfied at this stage that this case cannot be disposed of on summary judgment and will allow the motion to proceed on the following timetable:

• Plaintiff’s record to be delivered by Friday October 9, 2020
• Responding record to be delivered by November 6, 2020
• Reply record, if any, to be delivered by November 20, 2020
• Cross-examinations to be completed by December 4, 2020
• Plaintiff’s Factum to be delivered by December 18, 2020
• Defendant’s Factum to be delivered by January 8, 2021
• The motion shall be set of 3 hours to be heard Monday, January 18, 2021.

Paul Schabas J.

Date: September 15, 2020