Jessica McGaw v. Sobeys Capital Inc.

Firms involved

Not specified
JESSICA McGAW
Law Firm
Not specified
Lawyer(s)

T. Benstead

J.-A. De Bousquet

SOBEYS CAPITAL INC.
Law Firm
Not specified
Lawyer(s)

K. Mack

S. Kelly

  • Case Date: November 3, 2023
  • Plaintiff: Jessica McGaw - Defendant: Sobeys Capital Inc.
  • Financial Award/Costs: The Defendant is entitled to its costs of the recusal motion on a substantial indemnity basis. Quantum of costs to be determined through submissions.

Key Points:

Background

  • Plaintiff initiated a wrongful dismissal action and filed a Jury Notice.
  • Plaintiff claimed wrongful termination without just cause, seeking damages, including aggravated and punitive damages.
  • Plaintiff alleged that a fellow employee fabricated allegations, leading to her termination, and that the investigation was conducted in bad faith.

Conclusion

  • The Plaintiff's motion for recusal was dismissed.
  • The Defendant is entitled to substantial indemnity costs for the recusal motion.
  • The Plaintiff's motion was considered without merit and possibly an attempt at reverse judge shopping.
Superior Court of Justice - Ontario
CV-21-2045
Labour & Employment Law
Defendant