Ontario Severance

Hoang v. Mann Engineering Ltd.

2015 ONCA 838 (CanLII)Court of Appeal for OntarioDecided Wrongful dismissal

Hoang v. Mann Engineering: Procedural Appeal

Summary

This is an appeal concerning procedural matters in an employment dispute, specifically addressing the court's jurisdiction to reconsider its own decision under Rule 59.06(2), the dismissal of repetitive motions as an abuse of process under Rule 2.1.02(1), and the prohibition of further motions. The court found no compelling circumstances for reconsideration, dismissed the motion as frivolous and vexatious, barred further motions without leave, and awarded costs of $1,500 to the respondents.

Outcome

appeal dismissed; motion dismissed as abuse of process; costs awarded

Award

costs of $1,500 awarded to respondents

Key Factors

  • jurisdiction to reconsider
  • abuse of process
  • frivolous motions
  • costs
  • rule 59.06(2)

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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.