Lewycky v. Exp Services Inc./Les Services Exp Inc., (2014) 419 N.B.R.(2d) 366 (CA)

• Judge: Richard, J.A.
• Court: Court of Appeal (New Brunswick)
• Case Date: May 23, 2014
• Jurisdiction: New Brunswick
• Citations: (2014), 419 N.B.R.(2d) 366 (CA)

Lewycky v. Exp Services Inc. (2014), 419 N.B.R.(2d) 366 (CA);

    419 R.N.-B.(2e) 366; 1090 A.P.R. 366

MLB headnote and full text

Sommaire et texte intégral

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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Temp. Cite: [2014] N.B.R.(2d) TBEd. JN.012

Renvoi temp.: [2014] N.B.R.(2d) TBEd. JN.012

Exp Services Inc./Les Services Exp Inc., c.o.b. Exp, a body corporate (intended appellant) v. Lydia Lewycky and Thomas Horrocks (intended respondents)

(53-14-CA; 54-14-CA)

Indexed As: Lewycky v. Exp Services Inc./Les Services Exp Inc.

Répertorié: Lewycky v. Exp Services Inc./Les Services Exp Inc.

New Brunswick Court of Appeal

Richard, J.A.

June 5, 2014.

Summary:

Résumé:

A husband and wife (the plaintiffs) were both employed by the same company and were both terminated without notice and without just cause. The plaintiffs brought a wrongful termination suit against the employer and moved for the advance payment of special damages pursuant to rule 47.03(3) of the Rules of Court.

The New Brunswick Court of Queen's Bench, Trial Division, in a decision reported at 418 N.B.R.(2d) 253; 1087 A.P.R. 253, granted the motions. The employer moved for leave to appeal.

The New Brunswick Court of Appeal, per Richard, J.A., denied the motion.

Practice - Topic 5205

Trials - General - Advance payment of damages - [See Practice - Topic 8877 ].

Practice - Topic 8875.1

Appeals - Leave to appeal - From case management or pre-trial orders - [See Practice - Topic 8877 ].

Practice - Topic 8877

Appeals - Leave to appeal - Grounds for refusal to grant leave - The plaintiffs sued their employer (EXP) for wrongful termination - A consent order provided that the plaintiffs were awarded summary judgment "for the allegation that [he/she] was not terminated for just cause" - The plaintiffs' motion for the advance payment of special damages was granted - EXP moved for leave to appeal the order for advance payments - EXP asserted that (1) the summary judgment did not establish wrongful dismissal because even though EXP agreed that there was no just cause, it maintained that reasonable notice was given; and (2) the amounts of the advance payments were inconsistent with the jurisprudence because the judge, without the benefit of a trial, effectively ordered payment for the entire period she felt would constitute reasonable notice - The New Brunswick Court of Appeal, per Richard, J.A., denied the motion because this would secure the just, least expensive and most expeditious determination of the proceedings on their merits - No injustice would result if, in the end, a trial judge determined that the plaintiffs were entitled to the equivalent or more than the advance payments - If EXP ended up paying more than necessary, the injustice could be remedied by a reimbursement order.

Procédure - Cote 5205

Procès - Généralités - Paiement anticipé des dommages-intérêts - [Voir Practice - Topic 5205 ].

Procédure - Cote 8875.1

Appels - Autorisation d'appel - De la gestion de cas ou des ordonnances avant le procès - [Voir Practice - Topic 8875.1 ].

Procédure - Cote 8877

Appels - Autorisation d'appel - Motifs de refus - [Voir Practice - Topic 8877 ].

Counsel:

Avocats:

Mark D. Tector, for the intended appellant;

Brenda Laudia Comeau, for the intended respondents.

This motion for leave to appeal was heard on May 23, 2014, before Richard, J.A., of the New Brunswick Court of Appeal, who delivered the following decision, in both official languages, on June 5, 2014.