William Hayter

Following a successful summary judgment motion in a wrongful dismissal action, the plaintiff sought costs.

The plaintiff had served an offer to settle for 11 weeks' salary, which the defendant did not accept.

Because the plaintiff ultimately recovered 4 months' salary, Rule 49.10(1)(a) applied.

The court awarded the plaintiff partial indemnity costs up to the date of the offer and substantial indemnity costs thereafter, fixing the total all-inclusive costs at $13,900.

The plaintiff employee was terminated without cause after 8.5 months of employment.

The defendant employer argued that a termination clause in the employment agreement limited the plaintiff's entitlements to the statutory minimums under the Employment Standards Act.

On cross-motions for summary judgment, the court found the termination clause ambiguous as it merely stated the employer would comply with the legislation without explicitly displacing common law rights.

Applying the principle of contra proferentem, the court interpreted the clause against the employer and awarded the plaintiff 4 months' pay in lieu of reasonable notice, plus one month of pension contributions.