William Levitt

The defendants moved to set aside an ex parte Mareva injunction and certificates of pending litigation obtained by the plaintiff estate.

The estate alleged that the deceased transferred over $29 million to his personal support worker, which she used to purchase real estate, and claimed the funds were impressed with a resulting trust or obtained through fraud and undue influence.

The defendants argued the plaintiff failed to make full and frank disclosure on the ex parte motion and that the funds were gifts.

The court dismissed the motion, finding the plaintiff made adequate disclosure and established a strong prima facie case, a risk of dissipation of assets, and that the balance of convenience favoured continuing the injunction until trial.

Following a successful summary judgment motion awarding the plaintiff 20.8 months' reasonable notice for wrongful dismissal, the plaintiff sought substantial indemnity costs of $35,000.

The defendant argued for $15,000 on a partial indemnity basis.

The court considered the plaintiff’s non-compliant offer to settle as a relevant factor under Rule 57.01 but held that the defendant’s conduct did not justify substantial indemnity costs.

The court also rejected using counsel’s unreduced notional hourly rate to inflate the award.

Costs were fixed at $25,000 inclusive of taxes and disbursements.

The plaintiff, a 63-year-old machinist with 26 years of service, was terminated without cause due to restructuring.

He brought a motion for summary judgment seeking 24 months' reasonable notice.

The defendant argued the plaintiff failed to mitigate his damages by not using outplacement services and intending to retire.

The court found the plaintiff made reasonable efforts to mitigate and awarded 21 months' reasonable notice, reduced by a 1% contingency for the likelihood of finding future employment, resulting in a final notice period of 20.8 months.

The plaintiff, a 63-year-old machinist with 26 years of service, was terminated without cause due to restructuring.

The employer provided working notice and severance pay equivalent to approximately four months.

The plaintiff brought a motion for summary judgment seeking 24 months of reasonable notice.

The employer argued the plaintiff failed to mitigate his damages by not using outplacement services and intending to retire.

The court found the plaintiff made reasonable efforts to mitigate and awarded a reasonable notice period of 21 months, reduced to 20.8 months to account for a 1% contingency of finding comparable employment before the end of the notice period.