Kennedy v. RBC

2018 ONSC 2894 (CanLII)Decided Termination

Kennedy v. RBC: Limitation Period on Wrongful Dismissal

Summary

This is a summary judgment motion concerning whether the plaintiff's claims for wrongful dismissal and breach of employment agreement were statute-barred under the Limitations Act, 2002. The court rejected the plaintiff's argument that the limitation period was delayed by ongoing post-termination negotiations, holding that the claims were discoverable at or shortly after the time of termination.

Outcome

Summary judgment granted; claims deemed statute-barred

Key Factors

  • limitation period
  • discoverability rule
  • summary judgment
  • termination of employment
  • post-termination negotiations

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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.