Michela v. St. Thomas of Villanova Catholic School

2015 ONSC 1145 (CanLII)Decided Termination

Costs in Wrongful Dismissal: Rule 49.10 Settlement Offers

Summary

This is a costs ruling in a wrongful dismissal case involving teachers disputing fixed-term employment and mitigation of damages. The court addressed whether the defendant should be awarded costs under Rule 49.10 based on a collective settlement offer, ultimately denying costs to the defendant due to its obstinate litigation conduct. Costs of $42,000 were awarded to the plaintiffs, reduced for partial success.

Outcome

Costs of $42,000 awarded to plaintiffs

Award

$42,000 in costs awarded to plaintiffs

Key Factors

  • costs
  • Rule 49.10
  • settlement offers
  • wrongful dismissal
  • litigation conduct

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This is legal information, not legal advice. Ontario Severance is an educational tool. If you are facing a serious employment law matter, consult with a qualified employment lawyer in Ontario.