The Plaintiff applied for Summary Judgment in a wrongful dismissal Action in which he sought damages against his former employer.

The Parties submitted that there were essentially no disputed facts and that the only real issue was the amount to be awarded. The Parties were at odds regarding whether and the extent to which the Plaintiff’s employment status should affect the length of notice period to which the Plaintiff was entitled, but the parties submitted that there was enough evidence before the Court to resolve the issue without resorting to a full Trial. Justice Shelley held that this dispute did not concern material facts, but instead reflected differing legal positions based on otherwise undisputed facts. Justice Shelley held that the Plaintiff was entitled to Summary Judgment, and awarded damages accordingly.