Singh v. Concepts Plastics Ltd. 2016 Ont CA
Employees, who were claiming wrongful dismissal, brought motion for summary judgment within the Simplified Rules. Issues involved credibility, constructive dismissal, and mitigation. Although, under the ordinary Rules, judges can make decisions based on conflicting evidence, under the Simplified Rules, opposing parties cannot cross-examine on affidavits and cannot examine a non-affiant witness on the motion. The employer argued, and the Court agreed, that if there is significant conflicting evidence on issues confronting a motions judge, summary judgment is not appropriate under Simplified Rules.
Written by Jonathan Speigel Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.