Wood v. Nor-Sham (Markham) Hotels Inc., (2000) 133 O.A.C. 155 (CA)

• Judge: Carthy, Austin and Moldaver, JJ.A.
• Court: Court of Appeal (Ontario)
• Case Date: June 13, 2000
• Jurisdiction: Ontario
• Citations: (2000), 133 O.A.C. 155 (CA)

Wood v. Nor-Sham Hotels Inc. (2000), 133 O.A.C. 155 (CA)

MLB headnote and full text

Temp. Cite: [2000] O.A.C. TBEd. JN.040

Joseph Wood (plaintiff/appellant) v. Nor-Sham (Markham) Hotels Inc. (defendant/respondent)

(C31142)

Indexed As: Wood v. Nor-Sham (Markham) Hotels Inc.

Ontario Court of Appeal

Carthy, Austin and Moldaver, JJ.A.

June 13, 2000.

Summary:

The plaintiff was head banquet porter in the defendant's hotel when his employment was terminated for breach of company poli­cy. The plaintiff sued for wrongful dismissal. He argued that admissions which he made during a meeting with management were made under disadvantaged circumstances where he felt that he was going to be ter­minated no matter what he said.

The Ontario Court (General Division), in a decision reported at 82 O.T.C. 387, dis­missed the action. The plaintiff appealed.

The Ontario Court of Appeal dismissed the appeal.

Master and Servant - Topic 7529

Dismissal of employees - Grounds - Gen­eral - Company policy - [See Master and Servant - Topic 7550 ].

Master and Servant - Topic 7550

Dismissal of employees - Grounds - Cause or just cause defined - The plaintiff was the head banquet porter in the defendant's hotel - When asked about alcoholic bever­ages which were left over from a function in the hotel, the plaintiff denied any intent to take the alcoholic beverages - However, during a later meeting with management, the plaintiff made admissions that he had planned to drink the beer in question - The plaintiff was terminated for breach of company policy - He sued for wrongful dismissal, arguing that the admissions he made during the meeting with management were made under disadvantaged cir­cumstances where he felt that he was going to be terminated no matter what he said - The trial judge dismissed the action, find­ing that the plaintiff's admissions consti­tuted grounds for termination and that the admissions were voluntary - The Ontario Court of Appeal dismissed an appeal.

Master and Servant - Topic 7601

Dismissal of employees - Defences - Gen­eral - [See Master and Servant - Topic 7550 ].

Counsel:

James Jagtoo, for the appellant;

Douglas D. Langley, for the respondent.

This appeal was heard on June 13, 2000, before Carthy, Austin and Moldaver, JJ.A., of the Ontario Court of Appeal. The fol­lowing oral endorsement was delivered by the Court of Appeal on June 13, 2000, and was filed on June 19, 2000.