Showing posts with label Justice Colin Stevenson. Show all posts
Showing posts with label Justice Colin Stevenson. Show all posts

Sunday 10 November 2024

Fast-Tracking Wrongful Dismissal Claims: How Employers Can Benefit from Rule 21 Motions

How long will it take and how much will it cost before a judge can dismiss this wrongful dismissal case against me? That is a frequent question of employers who find themselves on the receiving end of a wrongful dismissal action in which the primary legal question is whether the employer’s employment contract legally establishes the employee’s severance entitlement.

In Bertsch v. DatastealthInc., 2024 ONSC 5593, the Ontario Superior Court of Justice demonstrated that when the parties make use of the tools the system affords them, the system can work.

As a summary of the chronology of events, the plaintiff’s employment was terminated on June 7, 2024. He filed his statement of claim on July 18, 2024. The employer’s motion to dismiss was heard on October 7, 2024, and the court released its decision on October 8, 2024.

That is how employment law cases should run.