Master Birkett

7.3: Summary Judgment (Application and decision)

Case Summary

The Plaintiff sought Summary Judgment of the entirety of a wrongful dismissal Action. The Defendant asserted the Plaintiff was dismissed for just cause arising out of the Plaintiff’s dereliction of duties, attendance issues, and violations of the Defendant’s workplace violence policy, including through threatening conduct.

Master Birkett affirmed that Summary Judgment is available where the trier of fact is able to make the necessary findings of fact, and apply the law to the facts on the existing record, and where the process is a proportionate, more expeditious and less expensive means to achieve a just result.

After reviewing the seven Affidavits filed by the parties, transcripts of cross examination, and transcripts from Questioning, Master Birkett found that the record did not allow for a fair and just determination of the circumstances and conduct underlying the Plaintiff’s dismissal. The Plaintiff’s Application for Summary Judgment was dismissed.

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