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The court ordered an adjourned motion to compel documentary discovery to proceed in writing to accommodate a party's medical vulnerabilities.
The plaintiff brought a motion to compel 1346150 Ontario Inc., Sadie Moranis Real Estate Limited, and Bella Levy to comply with their obligations under Rules 30.02 and 30.03 of the Rules of Civil Procedure by serving affidavits of documents.
The motion, initially heard on February 26, 2020, was adjourned for continuation but further delayed due to the court's suspension of operations owing to COVID-19.
The court addressed the plaintiff's request to conclude the motion, considering health concerns raised by Mr. Moranis (representing the corporations).
The court directed the motion to continue in writing for the corporations, requiring Mr. Moranis to propose a deadline for document service, and set a timeline for Ms. Levy's submissions.
The court also noted that Mr. Moranis could not act as agent for Ms. Levy due to potential conflict of interest.
A 40 percent unilateral salary reduction constituted constructive dismissal entitling the employee to 23.75 months' notice.
The plaintiff, a 63-year-old Vice-President of Finance with 17 years of service, brought a motion for summary judgment alleging constructive dismissal after his employer unilaterally imposed a 40 percent salary reduction due to financial difficulties.
The employer argued the reduction was temporary and later alleged just cause for termination.
The court found the salary reduction constituted a constructive dismissal and rejected the after-the-fact allegations of cause.
The plaintiff was awarded 23.75 months' salary in lieu of reasonable notice, reflecting a 24-month notice period reduced by a small contingency factor for mitigation.
