Litigation is an expensive business. It is not for the risk-averse or the faint of heart. There are winners and there are losers. And it is a well-established convention in our civil justice system that losers pay the winners a significant portion of their costs.
Wrongful dismissal cases are especially perilous; especially where the defendant employer alleges cause for dismissal.
So what happens when the employee loses? Is the reasonableness of the plaintiff’s position a relevant factor in awarding costs of the case?
In Goruk v. Greater Barrie Chamber of Commerce,2021 ONSC 6290 (CanLII) Justice Cary Boswell held that it is.