Maranda v. Eastland Ind. Ltd., 2015 NBQB 193

Judge:Clendening, J.
Court:Court of Queen's Bench of New Brunswick
Case Date:August 27, 2015
Jurisdiction:New Brunswick
Citations:2015 NBQB 193;(2015), 440 N.B.R.(2d) 388 (TD)
 
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Maranda v. Eastland Ind. Ltd. (2015), 440 N.B.R.(2d) 388 (TD);

    440 R.N.-B.(2e) 388; 1148 A.P.R. 388

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Temp. Cite: [2015] N.B.R.(2d) TBEd. OC.007

Renvoi temp.: [2015] N.B.R.(2d) TBEd. OC.007

Rick Maranda (plaintiff) v. Eastland Industries Ltd. (defendants)

(F-C-181-2014; 2015 NBQB 193; 2015 NBBR 193)

Indexed As: Maranda v. Eastland Industries Ltd.

Répertorié: Maranda v. Eastland Industries Ltd.

New Brunswick Court of Queen's Bench

Trial Division

Judicial District of Fredericton

Clendening, J.

October 2, 2015.

Summary:

Résumé:

In June 1984, Maranda began his employment with the predecessor of the defendant and was employed continuously until June 2014, when he was dismissed with four weeks of severance pay. Maranda sued for damages for lack of reasonable notice or pay in lieu of notice and sought summary judgment.

The New Brunswick Court of Queen's Bench, Trial Division, granted summary judgment regarding the defendant's liability. The question of damages had to proceed to trial.

Master and Servant - Topic 8000

Dismissal without cause - Notice of dismissal - Reasonable notice - What constitutes - [See Practice - Topic 5717 ].

Master and Servant - Topic 8003.1

Dismissal without cause - Notice of dismissal - Reasonable notice - Calculation of length of service - [See Practice - Topic 5717 ].

Practice - Topic 5702

Judgments and orders - Summary judgments - Jurisdiction or when available or appropriate - [See Practice - Topic 5717 ].

Practice - Topic 5708

Judgments and orders - Summary judgments - Bar to application - Existence of issue to be tried - [See Practice - Topic 5717 ].

Practice - Topic 5717

Judgments and orders - Summary judgments - For part of claim - In June 1984, Maranda began his employment with the predecessor of the defendant and was employed continuously until June 2014, when he was dismissed with four weeks of severance pay - Maranda sued for damages for lack of reasonable notice or pay in lieu of notice and sought summary judgment - The defendant opposed the motion on the basis of two issues: mitigation and Maranda's length of employment - The defendant asserted that, because it was created in June 2012 through an amalgamation of the predecessor and a numbered company, Maranda had been employed with the defendant for only two years - The New Brunswick Court of Queen's Bench, Trial Division, granted summary judgment regarding the defendant's liability - The dismissal was without cause - Maranda had been employed by the defendant for 30 years - Nothing in the pleadings indicated that, after the amalgamation, the predecessor's employees were not continuing in the company's service or that they would not receive credit for the years of past service - Four weeks' severance pay was not reasonable - However, there was an issue regarding mitigation and Maranda's rejection of the defendant's offer of re-employment - The question of damages had to proceed to trial.

Cases Noticed:

Nunavut v. Schram (2014), 423 N.B.R.(2d) 294; 1103 A.P.R. 294; 2014 NBCA 53, refd to. [para. 14].

Cannon v. Lange et al. (1998), 203 N.B.R.(2d) 121; 518 A.P.R. 121 (C.A.), refd to. [para. 14].

Sorel v. Tomenson Saunders Whitehead Ltd. et al., 1987 CarswellBC 175 (C.A.), refd to. [para. 21].

Davenport v. Metalfab Ltd. (2012), 397 N.B.R.(2d) 129; 1028 A.P.R. 129; 2012 CarswellNB 709 (T.D.), refd to. [para. 26].

Bramble et al. v. Medis Health and Pharmaceutical Services Inc. (1999), 214 N.B.R.(2d) 111; 547 A.P.R. 111 (C.A.), refd to. [para. 26].

Authors and Works Noticed:

van Kessel, Robert J., Dispositions Without Trial (2nd Ed. 2007), generally [para. 16].

Counsel:

Avocats:

Kenneth W. Allen, for the plaintiff (moving party);

Jessica R. Bungay, for the defendants (responding party).

This motion was heard on April 2 and August 27, 2015, by Clendening, J., of the New Brunswick Court of Queen's Bench, Trial Division, Judicial District of Fredericton, who delivered the following decision on October 2, 2015.

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