Background: The case dealt with a wrongful dismissal action where Kurik sought damages for breach of contract, including special and aggravated damages, after his employment was terminated.

Legal Arguments/Issues: Kurik's main contention was that his dismissal was without just cause and constituted a breach of his employment contract. The case addressed whether Kurik’s claim was barred by the doctrine of res judicata, as he had previously brought a related complaint to the Employment Standards Branch. CAS Ventures Ltd. argued that the issues had been conclusively settled in that prior proceeding, which should prevent Kurik from relitigating.

Employment Standards Branch Complaint: Kurik initially sought $93,000 based on what he believed he was owed for the full expected term of his contract. The Employment Standards Branch, however, awarded him only $2,965.66 for unpaid wages, finding no compensation was due for length of service.

Conclusion: The court dismissed CAS Ventures Ltd.'s application to have Kurik's claim struck out based on issue estoppel. It concluded that applying issue estoppel would be unjust, allowing the case to proceed to trial to properly address the wrongful dismissal claim in court.

Costs: Kurik was entitled to his costs of this application, though the exact total amount awarded was not specified in the document.