Ms. Cloutier - Labor Law

Key Facts

The actualities of Cloutier included a Regional Manager, Ms. Cloutier, who turned out to be sick and went on Medical leave in 2012. Soon after Ms. Cloutier started her leave, the Defendant employed a person to expect her part on an uncertain go-ahead premise. In spring 2013, the Defendant's President met with the Plaintiff and offered to restore her to work in the decreased part of a Resident Manager, with a related drop in pay from $75,000.00 to $40,000.00. Ms. Cloutier rejected this change and presented a claim for constructive dismissal.

Ms. Cloutier chose to propel her court case by bringing a movement for summary judgment. Q Residential protested, expressing that outline judgment was a long way from suitable in the conditions. It additionally attested that there were substantive facts   in debate which raised an honest to goodness issue for trial.

Given the clear and to a great extent undisputed nature of the material actualities, Justice Labrosse held that Ms. Cloutier had been usefully expelled and was qualified for 15 months' notice. He additionally took into account a bifurcation of the legitimate continuing: cutting out both the Plaintiff's staying Human Rights claim and her claim for exasperated harms, both of which were to be managed by methods for a future smaller than usual trial.

Justice Labrosse rejected the Defendant's affirmation in such manner. Specifically, he noted:

While the Defendants fight that the debated certainties encompassing the March 20, 2013 meeting raise an honest to goodness issue for trial, By March 20, 2013, the Defendants had effectively procured the Plaintiff's lasting substitution and had no identical position to offer the Plaintiff inside the Ottawa zone. Likewise, no proposition was made to offer comparable work anyplace else. The main choice introduced to the Plaintiff was an arrival to the Resident Manager position and there is no question this was a place of lesser duty at an altogether lessened rate of pay.

1. Following on the heels of a number of well-publicized Ontario employment law decisions this year, it affirms that summary judgment is the appropriate approach in factually straightforward dismissal cases;
2. The courts will take a pragmatic approach to the use of summary judgment in employment claims where ancillary issues, such as an alleged breach of the Human Rights Code or aggravated damages, are in dispute. Using summary judgment to resolve a substantial portion of a claim, while leaving other issues to be decided by way of mini-trial at a later date, is demonstrative of the court’s commitment to efficiency and early settlement;
3. It reaffirms the principle set out in Sweda Farms Ltd. v. Egg Farmers of Ontario 2014 ONCA 878 (CanLII) that parties to litigation must put their best foot forward in responding to summary judgment motions, so as to allow the Court to deal with the case in as efficient a manner as possible; and
4. The courts are prepared to expand the application of summary judgment to claims of constructive dismissal. Despite the complexities often associated with such claims, Cloutier is a clear sign that, should the right circumstances allow, this door is now firmly open.

1.Following on the foot rear areas of various all around plugged Ontario work law choices this year, it certifies that synopsis judgment is the suitable approach in genuinely clear expulsion cases;

2.The courts will adopt a down to business strategy to the utilization of rundown judgment in work claims where subordinate issues, for example, a charged break of the Human Rights Code or exasperated harms, are in question. Utilizing outline judgment to determine a significant part of a case, while leaving different issues to be chosen by method for smaller than normal trial at a later date, is definite of the court's sense of duty regarding productivity and early settlement;