In Hefkey v Blanchfield Roofing (2020 ONSC 5094) Bawden J. awarded 7 months notice to a 6.5 year foreman. However because the Defendant had made a payment during litigation of almost $11,000 the extra payment awarded by the Court came to just under $7,500.
Regarding cost submissions the Judge ruled as follows:
- Even though the recovery was within Small Claims limits, it was reasonable to start the case in the Superior Court because there was a real issue as to whether his seniority was 6 or 13 years.
- The Defendant’s actions increased the costs, including spending a whole day on whether the action could be heard by way of summary judgement, which they lost. Even though both lawyers were based in Toronto, the defendant insisted that the cross examinations take place in North Bay, where the defendant lived.
- The motion itself took three days spread out over a year.