Maxwell v. G.E.C. Canada Ltd.

1991 CanLII 7063 (ON SC)Decided Wrongful dismissal

Wrongful Dismissal: Notice Period Issue Prevents Summary Judgment

Summary

A wrongful dismissal case where the plaintiff sought partial summary judgment under Rule 20 for the monetary equivalent of a settlement offer made by the defendant. The court held that a genuine issue for trial regarding the appropriate notice period precluded the granting of partial summary judgment, and also declined to strike certain paragraphs of the defendant’s statement of defence.

Outcome

Partial summary judgment not granted due to genuine issue for trial regarding notice period; motion to strike declined.

Key Factors

  • wrongful dismissal
  • notice period
  • summary judgment
  • genuine issue for trial
  • Rule 20

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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.