Case information
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40143
Joss Covenoho v. First Data
(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) |
|---|---|---|
| 2022-10-27 | Close file on Leave | |
| 2022-09-29 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2022-09-29 | Judgment on leave sent to the parties | |
| 2022-09-29 |
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 M52875, dated January 14, 2022, is dismissed with costs. Dismissed, with costs |
|
| 2022-08-02 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-06-28 | Certificate (on limitations to public access), 23B-Reply | Joss Covenoho |
| 2022-06-28 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2022-06-29 | Joss Covenoho |
| 2022-06-23 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2022-06-27) | First Data |
| 2022-06-23 | Notice of name, (Letter Form), (Printed version filed on 2022-06-27) | First Data |
| 2022-06-23 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-06-29, (Printed version filed on 2022-06-27) | First Data |
| 2022-05-25 | Letter advising parties of a complete application for leave to appeal, FILE OPENED 2022-05-25 | |
| 2022-03-14 | Certificate (on limitations to public access), 23B | Joss Covenoho |
| 2022-03-14 |
Application for leave to appeal, (Book Form), INCLUDED: - Application Record (2 volumes), Completed on: 2022-03-14, (Printed version due on 2022-03-21) |
Joss Covenoho |
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 |
|---|---|---|
| Covenoho, Joss | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| First Data | Respondent | Active |
Counsel
Party: Covenoho, Joss
This party is not represented by counsel.
Party: First Data
Counsel
Ahmed Kamel
1 First Canadian Place
100 King St. W., Suite 6000
Toronto, Ontario
M5X 1E2
Telephone: (416) 365-3505
FAX: (416) 777-7409
Email: tudor.carsten@dlapiper.com
Summary
Keywords
Charter of Rights — Procedural fairness — Employment law — Wrongful dismissal — Employee moving for summary judgment in wrongful dismissal claim — Lower courts finding no independent cause of action established and dismissing claims — Employee entitled to reasonable pay in lieu of notice — Whether lower courts erred in their reasoning and decisions — Whether application for leave to appeal should be granted.
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.
The applicant employee moved for summary judgment in her wrongful dismissal claim. She worked for the respondent employer for roughly six months. She sought 18 months pay in lieu of notice as well as millions of dollars in punitive damages.
The motion judge determined the reasonable notice period was five weeks and awarded five weeks pay in lieu of notice. The motion judge dismissed the remainder of the claims regarding alleged improper conduct by the employer.
The appeal to the Divisional Court was dismissed. The Court of Appeal dismissed the motion for leave to appeal.
Lower court rulings
Ontario Superior Court of Justice
2019 ONSC 2346, CV-18-593807
Applicant’s claims dismissed, except the claim for pay in lieu of notice.
Ontario Superior Court of Justice
2021 ONSC 6542, 729/19
Appeal dismissed.
Court of Appeal for Ontario
M52875
Motion for leave to appeal dismissed.
Memorandums of argument on application for leave to appeal
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 filing 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 613‑996‑7933 or at 1‑888‑551‑1185.
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
Factums on appeal
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 613‑996‑7933 or at 1‑888‑551‑1185.
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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