27 Jun 2024
Arsenault v Big Rock Brewery Limited Partnership by its general partner Big Rock Brewery Operations Corp. and Big Rock Brewery Operations Corp
Key Points:
- Plaintiff: Wayne Arsenault
- Claim: Wrongful termination without just cause or reasonable notice; seeks $261,621.15 in severance and $200,000 in damages for breach of good faith.
- Defendants: Big Rock Brewery Limited Partnership and Big Rock Brewery Operations Corp
- Defense: Termination with just cause, citing misconduct, gross negligence, financial misstatements, concealment of information, and a breakdown in trust.
- Procedural History:
- Arsenault filed the claim on February 15, 2023.
- Big Rock filed their defense on March 31, 2023.
- Arsenault applied for a streamlined trial, opposed by Big Rock.
- Streamlined Trial Rules:
- Implemented for timely and cost-effective resolutions.
- Criteria (Rule 8.25):
- Necessity for fair and just resolution.
- Proportionality to the importance and complexity of the issues.
Court's Analysis and Decision:
- Necessity: Streamlined trial deemed unnecessary due to the complexity and volume of evidence, including multiple witnesses and financial records.
- Proportionality: A streamlined trial would not save time or costs; standard trial considered more efficient and appropriate.
- Outcome: Application for a streamlined trial dismissed; case will proceed to a standard trial.
- The document does not specify any monetary award, costs, or damages granted or ordered.