Lawyer, High Award in Costs in Wrongful Dismissal Case

J.P. Zubec was retained to represent a lawyer in a wrongful dismissal action against her former employer, Leonard Levencrown.

The Situation
Our client worked for Mr. Levencrown as an associate lawyer for approximately two years before she was dismissed due to a shortage of work. She retained Mr. Zubec to advance a modest claim because, among other things, Mr. Levencrown had failed to meet the Ontario minimum standards when he effected the termination. The case went to trial.

The Trial
The Court found that Mr. Levencrown, who is a senior litigator, conducted his defence in a “hard ball” manner. He unsuccessfully attempted to impugn our client’s reputation; he relied on a defence that had not been previously disclosed and the other findings against him included: he engaged in conduct that tended to lengthen unnecessarily the duration of the proceeding; he took steps that were improper, vexatious or unnecessary; he refused to produce financial records; and the Court found that there were indications from his testimony of “reconstruction or deliberate falsehood”.

The Result
Mr. Zubec and his client were undeterred by the tactics and the Court awarded our client $11,667.00 in damages, which represented the income she lost during her period of unemployment. In addition, the Court ordered our client’s former employer to pay over $47,000.00 in costs as a result of his misconduct, which is nearly an unprecedented costs award for a simplified procedure action involving a very modest award of damages.

Mr. Zubec is an Associate with Shields & Hunt specializing in civil litigation. He can be reached at (613) 230-3232 extension 312 or by email at jpzubec@shields-hunt.com.