This was an Application by the Plaintiff for a Streamlined Trial under Rule 8.25 in a wrongful dismissal action against his former employer, the Northern Alberta Institute of Technology (“NAIT”). The Plaintiff argued that the case could be efficiently resolved through Affidavits and limited in-person testimony, given that the primary issue was his intent when removing office chairs, which he claimed were destined for disposal.

The Court applied the two-part test under Rule 8.25, assessing whether a Streamlined Trial was both necessary for a fair and just resolution and proportionate to the complexity and significance of the case. The Plaintiff contended that his case met these requirements, citing Rule 8.25(3), which allows Streamlined Trials even where some credibility issues or
cross-examination may be necessary. However, NAIT, opposed the Streamlined Trial, arguing that multiple witnesses would need to be called to address the broader issues of just cause, breach of trust, and the investigation process.

The Court emphasized that under Rule 8.27, Affidavits are not required for a Streamlined Trial Application, and the decision should be based on Pleadings and submissions. Despite the Plaintiff’s extensive Affidavit, the Court found it unnecessary and noted that it only presented one side of the case. The Court identified multiple credibility issues involving several witnesses that would need to be resolved through a full trial process, making a Streamlined Trial unsuitable in this instance.

After reviewing the necessity and proportionality factors, the Court concluded that a Streamlined Trial was neither necessary nor proportionate due to the complexity of the factual issues and the number of witnesses required. The Application for a Streamlined Trial was dismissed.