04/10/2026
It was another big week for us at HMS! On Tuesday we received a decision on an application for summary dismissal/judgment that was argued back in January.
Our client was being sued by his former employer for breach of education contracts. However, before HMS was retained the client had opened an investigation with Employment Standards, and while the employer took the position that the employee had quit, Employment Standards found that employment had been terminated.
After reviewing the pleadings and contents of the Employment Standards investigation file, HMS filed an Application for Summary Dismissal/Judgment on the basis of issue estoppel (the matter had already been decided before another overseeing body, Employment Standards).
Surprisingly, the Court issued written reasons for decision on the application, and we are very pleased that our application for summary dismissal of the claim was granted, and our application for summary judgment on our counterclaim was partially granted. The employer was ordered to pay back the wages they had withheld, plus interest on the judgment. All in all, a very successful outcome for our client!
