Shaliney Malhotra

The appellant, Binh Viet Pham, appealed the summary dismissal of his wrongful dismissal claim, which arose from a temporary layoff by the respondent, Qualified Metal Fabricators Ltd. The motion judge erred by proceeding with summary judgment despite the appellant's objection and by misapplying legal principles regarding implied terms for layoffs and condonation.

The Court of Appeal found genuine issues requiring a trial, particularly concerning whether an implied term permitting layoffs existed and whether the appellant condoned the layoff.

The appeal was allowed, the summary judgment set aside, and the matter remitted for trial.

The plaintiff employee and defendant employer both brought motions for summary judgment in a wrongful dismissal action.

The plaintiff was temporarily laid off in March 2020 due to the COVID-19 pandemic, and the layoff was extended several times.

The plaintiff waited nine months before alleging constructive dismissal.

The court found that the plaintiff had acquiesced to the layoff by failing to object within a reasonable period of time.

The plaintiff's motion for summary judgment was dismissed, and the defendant's motion to dismiss the action was granted.

Costs were awarded to the defendant.