Simon Pelsmakher

Following a summary judgment motion in a wrongful dismissal action where the plaintiff recovered $17,587.11, both parties made written submissions on costs.

The plaintiff sought $35,000 in partial indemnity costs, while the defendant sought $17,387.88 in costs thrown away.

The court noted that both parties had advanced and subsequently abandoned serious, unsubstantiated allegations during the litigation.

Given the conduct of both parties and the plaintiff's recovery falling within the Small Claims Court monetary jurisdiction, the court ordered no costs to either party.

The plaintiff, a dental hygienist, was dismissed without cause after less than six months of employment.

She brought a motion for summary judgment for wrongful dismissal damages.

The defendant employer alleged she had fabricated evidence of her job search to prove mitigation.

The court found the employer failed to prove the mitigation fraud allegation.

Applying the Waksdale rule, the court held the employment contract's termination clause was void because its 'for cause' provision violated the Employment Standards Act.

The court awarded a three-month notice period and declined to deduct the plaintiff's CERB payments from the damages award.

Honeycomb Hospitality Inc. sought a stay pending its application for leave to appeal a Divisional Court decision that affirmed summary judgment for wrongful dismissal and damages in favour of the employee.

The motion judge applied the three-part test for a stay, finding that while a serious issue was raised regarding pregnancy's role in Bardal factors, the employer failed to demonstrate irreparable harm if required to pay the judgment and costs into trust.

The balance of convenience also favored denying the stay.