In reasons released on September 21, 2010 the Ontario Superior Court of Justice granted summary judgment in a wrongful dismissal action since there were no issues that required a trial and since the only issues to be determined were the length of reasonable notice; the calculation of damages; the adequacy of mitigation; deductions, if any; and the method of paying damages and interest.

The Superior Court of Justice found that core facts were not in dispute such as, the nature of the business; the plaintiff’s length of employment and position; the plaintiff’s age and wages at the time of dismissal; and whether the employee worked overtime and / or received benefits.  Thus, summary judgment was appropriate in the circumstances.

Citation: Camaganacan v. St. Joseph’s Printing Ltd., 2010 ONSC 5184

Olanyi Parsons LL.B

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