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Category Archives: Summary Judgment

The Need for Clear Warning Before Dismissal

As my latest First Reference Talks blog post recounts, I have often discussed the need for warnings in the context of summary dismissal. While some situations will justify dismissal based upon a single incident, in many cases our courts and arbitrators will require progressive discipline. Whatever the steps may be, it is critical that the messaging to the subject employee […]

More Summary Judgment Developments – Summary Trial Used to Consider Constructive Dismissal

by Stuart Rudner This is a follow-up to my last blog, in which I discussed the expanding availability of summary judgment in the context of wrongful dismissal claims. Another recent case, this time from British Columbia, has further expanded the types of issues that courts will be prepared to consider without the need for a full trial. In the past, […]

Different paths to judgment: summary judgment

We are all familiar with the traditional dispute resolution process at law, which is to follow the litigation process through to a trial which culminates in a judgment being rendered by either judge or jury. Most of us are also aware that in Ontario, that process can take at least a year and, in many cases, several years. Plaintiffs can […]

Is Employee’s Position no Longer Relevant in Assessing Notice of Termination?

The Ontario Superior Court of Justice released a decision a few days ago in which a 70 year old labourer with 20 years of service received 22 months of pay in lieu of notice. In Kotecha v. Affinia, the Court followed a recent trend in which courts have rejected the notion that those with “lower level” positions should receive lesser notice periods, […]