T. Allen

The employer appealed a Small Claims Court judgment that found the employee was wrongfully dismissed.

The trial judge concluded the employee was terminated without cause, not resigned, relying heavily on a Service Canada Record of Employment (ROE) indicating "shortage of work." The appellate court found that the trial judge failed to make specific credibility findings regarding conflicting oral evidence about the termination meeting and subsequent phone calls.

The trial judge also erred by relying on the second ROE for the truth of its contents without proper authentication or considering contradictory sworn testimony, and by concluding termination based on "shortage of work" which was not the live issue.

The appeal was allowed, and a new trial ordered.

The plaintiffs, who alleged dental malpractice against the defendant, were required to show cause at a status hearing as to why their actions should not be dismissed for delay.

The delay was primarily caused by a non-party treating dentist failing to produce digital x-rays, and the defendant's failure to bring a motion for production despite having the necessary request letters.

The Master found the plaintiffs provided an acceptable explanation for the delay and that the defendant would suffer no non-compensable prejudice.

The actions were allowed to proceed, a timetable was set, and costs were awarded to the plaintiffs.