Mitchell v. Enertech Sheet Metal Inc. v. Sun Life Financial

Firms involved

Not specified
Pamela Mitchell
Law Firm
Not specified
Lawyer(s)

Robin Anderson

Enertech Sheet Metal Inc.
Law Firm
Not specified
Lawyer(s)

Michael C. Kelly

Enertech Maintenance Contractor Inc.
Law Firm
Not specified
Lawyer(s)

Michael C. Kelly

Michael Ziegler
Law Firm
Not specified
Lawyer(s)

Michael C. Kelly

Sun Life Financial Inc.
Law Firm
Not specified
Lawyer(s)

Stephen Shantz

Sun Life Assurance Company of Canada
Law Firm
Not specified
Lawyer(s)

Stephen Shantz

Background (June 15, 2020 - December 9, 2021):

  • The plaintiff, Pamela Mitchell, had alleged wrongful termination against the defendants.
  • Sought damages for the loss of group benefits from third parties due to an alleged disability-related termination.
  • The plaintiff claimed that the defendants, Enertech Sheet Metal Inc. et. al had been intolerant of medical issues.
  • The plaintiff had alleged disability and an inability to work but had not specified when the disability occurred.
  • The defendants had denied wrongful termination and disability.
  • The defendants had raised a third-party claim against third parties for disability benefits.

Positions of the Parties:

  • Third parties had argued that no tort, fault, or contract breach had been alleged.
  • Defendants had argued that they had a reasonable cause of action against third parties if the disability date had aligned with benefits coverage.
  • The plaintiff's claim against the defendants had been limited to wrongful dismissal

Conclusion and Costs:

  • An order had been granted in favor of the third parties.
  • Costs of $3,833.00 had been awarded to the third parties.
  • No costs had been awarded against the plaintiff.
Superior Court of Justice - Ontario
CV-21-00000818-00A1
Labour & Employment Law
$ 3,833
Other