Court File and Parties

COURT FILE NO.: CV-21-00660236

DATE: 20211026

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: ZDENEK DIZKA Plaintiff

AND:

VANTAGE MACHINE SHOP LTD. Defendant

BEFORE: Mr. Justice Chalmers

COUNSEL: D. Vaughan, for the Plaintiff

HEARD: In writing

ENDORSEMENT

[1] This action arises out of the termination of Mr. Dizka’s employment with Vantage Machine Shop Ltd. on June 3, 2020. The Plaintiff brought a motion for default judgment. By endorsement dated September 27, 2021, I granted judgment in favour of the Plaintiff and awarded damages of $100,654.93 for salary in lieu of notice. I adjourned the motion with respect to the claim for the benefits, vacation pay and costs to allow the Plaintiff to file additional material.

[2] On October 18, 2021, I received the supplementary submissions of the Plaintiff. The Plaintiff abandoned his claim for loss of benefits. With respect to the claim for vacation pay, the Plaintiff argues that he is entitled to vacation pay over the statutory notice period. The vacation pay is calculated as follows:

$50,327.46 (base salary) / 52 = $967.84

$967.84 x 8 weeks = $,7,742.69

$7,742.69 x 0.06% = $464.56

[3] I am satisfied that the Plaintiff is entitled to vacation pay for the statutory notice period in the amount of $464.56.

[4] The Plaintiff is seeking costs at a partial indemnity rate. The Plaintiff submitted a Bill of Costs in the following amounts:

Counsel fee $4,956.00

Disbursements $ 885.39

Subtotal $5,841.39

HST $ 759.38

Total $6,600.77

[5] This was a straightforward matter and was not overly complex. I reviewed the docketed hours and hourly rates. The time expended is not unreasonable. Counsel for the Plaintiff states that he utilized the services of an associate and student whose have lower hourly rates. Having reviewed the factors set out in R. 57.01, I fix costs in the amount of $5,000, inclusive of counsel fee, disbursements and HST.

Disposition

[6] In addition to the damages awarded on September 27, 2021 in the amount of $100,654.93, I award the following:

a. Vacation pay $464.56

b. Costs $5,000.00, inclusive of counsel fee, disbursements and HST.

DATE: October 26, 2021