Lewis v Lavern Heideman & Sons Limited

2015 ONSC 3752 (CanLII)Decided Wrongful dismissal

Wrongful Dismissal: Summary Judgment Motion Dismissed Due to Trial Issues

Summary

A civil procedure case where partial summary judgment was dismissed in a wrongful dismissal action. The court applied the Hryniak v. Mauldin test and found that genuine issues requiring trial existed due to disputed facts and credibility concerns regarding misconduct and termination justifications.

Outcome

Motion dismissed due to genuine issues requiring trial

Key Factors

  • wrongful dismissal
  • summary judgment
  • termination provisions
  • credibility

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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.