What is the legal test for wrongful dismissal in summary?

British Columbia, Canada


The following excerpt is from Chapple v Big Bay Landing Ltd. (Inc. No. 0764163), 2018 BCSC 1666 (CanLII):

As a starting point I note that wrongful dismissals are routinely resolved by summary proceedings, even contentious ones, as an important way to make the courts more accessible (Sollows v. Albion Fisheries Ltd., 2017 BCSC 376, at paras. 5, 6).

There is a dispute about the legal consequences of the facts but they are generally agreed between the parties. Significantly, as above, counsel have prepared an agreed statement of facts and I can readily assess the facts (Jamieson v. Whistler Mountain Resort Limited Partnership, 2017 BCSC 1001, at para. 66). In addition, while the damages claimed by the plaintiff are undoubtedly significant for both parties, as a matter of proportionality for the court, the maximum amount at issue here does not warrant a full trial.

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