McGill v. Broadview Foundation

McGill v. Broadview Foundation

Summary judgment was improperly granted because the motions judge could not resolve significant conflicting affidavit evidence without cross‑examination; the significance of the doctor’s certificate could not be determined absent findings on contested facts, therefore the Court of Appeal set aside the summary judgment and ordered a trial.

Citation
C34533
Parties
Plaintiff/respondent: Laurie McGill; Defendant/appellant: Broadview Foundation
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
19 January 2001
Procedural Posture
Civil Appeal (wrongful Dismissal) / Appeal From Summary Judgment
Outcome
Appeal allowed; summary judgment set aside; trial ordered
Legal Topics
Summary Judgment, Wrongful Dismissal, Damages in Lieu of Notice, Aggravated Damages, Bad Faith, Cross Examination of Affidavits, Bifurcation
Source Language
English
Employment Law Civil Procedure Appeal Summary Judgment Wrongful Dismissal Damages in Lieu of Notice Aggravated Damages Bad Faith +2 more

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Parties

Laurie McGill

Plaintiff/respondent

Broadview Foundation

Defendant/appellant

Procedural Posture

Civil Appeal (wrongful Dismissal) / Appeal From Summary Judgment

Legal Issues

  1. 1 Whether summary judgment under Rule 76.06(14) was appropriate given conflicting affidavit evidence and absence of cross-examination
  2. 2 Whether the termination was for cause or without cause
  3. 3 Whether damages including aggravated damages for bad faith could be determined on the motion without a trial

Ratio Decidendi

Summary judgment was improperly granted because the motions judge could not resolve significant conflicting affidavit evidence without cross‑examination; the significance of the doctor’s certificate could not be determined absent findings on contested facts, therefore the Court of Appeal set aside the summary judgment and ordered a trial.

Court Disposition

Appeal allowed; summary judgment set aside; trial ordered

Orders

  • Appeal allowed and judgment of the motions judge set aside.
  • Trial ordered.