Case information
Consult our database for details on a Supreme Court of Canada case.
36476
Best Theratronics Ltd. v. Clifford Douglas Beatty
(Ontario) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2015-10-16 | Close file on Leave | |
| 2015-10-09 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2015-10-09 | Judgment on leave sent to the parties | |
| 2015-10-08 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C59117, 2015 ONCA 247, dated April 14, 2015, is dismissed with costs in accordance with the Tariff of fees and disbursements set out in Schedule B of the Rules of the Supreme Court of Canada. Dismissed, with costs |
|
| 2015-09-02 | All materials on application for leave submitted to the Judges, Cro Wa Côt | |
| 2015-08-24 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2015-08-26, (Electronic version filed on 2015-08-24) | Best Theratronics Ltd. |
| 2015-08-13 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-08-25) | Clifford Douglas Beatty |
| 2015-08-13 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2015-08-13, (Electronic version filed on 2015-08-25) | Clifford Douglas Beatty |
| 2015-07-09 | Correspondence received from, (Letter Form), Filing of the Court of Appeal Order | Best Theratronics Ltd. |
| 2015-06-16 | Letter acknowledging receipt of a complete application for leave to appeal, (File open) | |
| 2015-06-15 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-06-18) | Best Theratronics Ltd. |
| 2015-06-15 | Notice of name, (Letter Form), (Electronic version filed on 2015-06-18) | Best Theratronics Ltd. |
| 2015-06-15 | Application for leave to appeal, (Book Form), CA Order rec'd 2015-07-09, Completed on: 2015-06-15, (Electronic version filed on 2015-06-18) | Best Theratronics Ltd. |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Best Theratronics Ltd. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Beatty, Clifford Douglas | Respondent | Active |
Counsel
Party: Best Theratronics Ltd.
Counsel
Siobhan O'Brien
39th Floor, TD Centre, 77 King Street West
P.O. Box 371, Stn. Toronto Dominion
Toronto, Ontario
M5K 1K8
Telephone: (416) 864-7355
FAX: (416) 362-9680
Email: frank-cesario@hicksmorley.com
Agent
150 Metcalfe Street
Suite 2000
Ottawa, Ontario
K2P 1P1
Telephone: (613) 234-0386
FAX: (613) 234-0418
Email: siobhan-obrien@hicksmorley.com
Party: Beatty, Clifford Douglas
Counsel
150 Terence Matthews Crescent
Suite F1
Kanata, Ontario
K2M 1X4
Telephone: (613) 599-4424
FAX: (613) 592-7550
Summary
Keywords
None.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Employment law — Wrongful dismissal — Mitigation of damages — Employee bringing wrongful dismissal suit against former employer — Lower courts dismissing employer’s argument employee failed to reasonably mitigate losses by seeking alternative employment — Whether there is a change to legal standard for determining whether an employer has satisfied its burden of proving a plaintiff has failed to reasonably mitigate damage.
The respondent, Mr. Beatty commenced a wrongful dismissal suit against his former employer when he was terminated from his employment without cause. He sought a motion for summary judgment.
The Superior Court found that the issues of reasonable notice and alleged failure to mitigate did not present a genuine issue requiring a trial and disposed of these issues by way of summary judgment. It awarded damages of $87,295. The third issue of entitlement to aggravated or punitive damages and to certain special damages was ordered to be dealt with by summary trial.
The Court of Appeal dismissed the appeal.
Lower court rulings
Ontario Superior Court of Justice
CV-10-49724, 2014 ONSC 3376
Partial summary judgment granted and damages of $87,295 awarded; summary trial ordered for claims for aggravated, punitive and special damages.
Court of Appeal for Ontario
C59117, 2015 ONCA 247
Appeal dismissed.
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
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Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
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