Are wrongful dismissal and reasonable notice actions well suited to summary proceedings?

Ontario, Canada


The following excerpt is from Hefkey v. Blanchfield, 2020 ONSC 2438 (CanLII):

There is abundant authority for the proposition that actions concerning wrongful dismissal and reasonable notice are well suited to summary proceedings. The facts which drive the outcome of these cases such as age, salary, position, length of tenure, seniority, and job duties are generally not in issue. The question is not whether the summary process is as exhaustive as a trial would be, but rather whether the process gives the trial judge confidence that he or she can find the necessary facts and apply the relevant legal principles to resolve the dispute: See Andros v. Colliers Macaulay Nicolls Inc., 2018 ONSC 1256 at paragraphs 8-12.

Other Questions


What is the appropriate notice period for an employee in a wrongful dismissal action? (Ontario, Canada)
What is the test for certifying a wrongful dismissal action as a national class action? (Ontario, Canada)
What are the reasons for granting summary judgment in a wrongful dismissal case? (Ontario, Canada)
What is the reasonable notice period for an employee who is terminated without advance notice? (Ontario, Canada)
What is the test for reasonable grounds for establishing that reasonable grounds are reasonable grounds? (Ontario, Canada)
What is the test for an action in which an action has a reasonable possibility of success? (Ontario, Canada)
What are the implications of a motion judge's decisions regarding the restoration of an action to the trial list under r.48.11 and the dismissal of an Action for Delay pursuant to r.24.01? (Ontario, Canada)
What is the test for common law damages in lieu of notice in a constructive dismissal action? (Ontario, Canada)
What are the reasons for a motion to dismiss this action for delay? (Ontario, Canada)
What is the test for dismissing an action as prescribed on the basis that the cause of action had accrued more than 6 years before the Statement of Claim was issued? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.