Home Wrongful Dismissal Saskatchewan court tosses wrongful dismissal suit against Moose Jaw from former general manager as untimely

Saskatchewan court tosses wrongful dismissal suit against Moose Jaw from former general manager as untimely

by HR Law Canada

The Saskatchewan Court of King’s Bench has dismissed a wrongful dismissal lawsuit filed by the former general manager of the Moose Jaw Downtown and Soccer/Field House Facilities (DFHF) along with several city councillors.

GE, who was hired as the general manager of DFHF in January 2018 and subsequently dismissed before his probation period ended, had claimed negligence, breach of the Non-profit Corporations Act, wrongful dismissal, and breach of The Saskatchewan Employment Act in his April 2020 lawsuit.

The defendants, including city councillors and a city employee, contested the lawsuit. They argued that the claims were barred by specific provisions of The Cities Act, which establishes a one-year limitation period for actions against a city.

The Saskatchewan Court of King’s Bench, while analyzing the case, emphasized that GE’s claims were indeed time-barred. The court found that GE was aware of the facts of his case by at least Jan. 17, 2019, if not earlier. This timing was critical as it meant that the one-year limitation period under The Cities Act had expired by the time GE filed his lawsuit in April 2020.

The ruling also included an order for GE to pay costs of $1,500 to the defendants.

For more information, see Edge v Moose Jaw Downtown and Soccer/Field House Facilities Inc., 2023 SKKB 207 (CanLII)

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