Plaintiff
Defendant
Background:
Jeffrey Daniel Kennedy worked for Snowwater Heli-Skiing Inc., a backcountry ski lodge, from 2017 until his termination in January 2019. Snowwater, co-owned by Patric William Maloney, dismissed Kennedy for alleged insubordination and spreading a rumor about Maloney having sexual relations with two employees. Kennedy claimed he was wrongfully terminated and defamed.
Legal Arguments/Issues:
Kennedy filed for wrongful dismissal, alleging he was fired without cause. He also claimed defamation, stating that Maloney and Snowwater made false allegations about him to others, damaging his reputation. The defendants countered, claiming that Kennedy spread defamatory rumors about Maloney and that his termination was justified. They also sought an order for security for costs, arguing that Kennedy had insufficient assets to cover legal costs if the claim failed.
Applications and Disclosure Requests:
Kennedy sought to amend his civil claim to include more details on defamation and requested extensive document disclosures from the defendants. The defendants applied to strike parts of the amended claim, asserting that the defamation claim had no merit and was covered by qualified privilege.
Court's Decision:
The court allowed Kennedy’s amendments and granted some of his disclosure requests. It denied the defendants' application to strike the defamation claim and their request for security for costs, which amounted to $47,500. The court found that imposing security for costs would prevent Kennedy from pursuing his case.
Costs/Award:
There was no monetary award or costs granted in favor of any party at this stage.
Court
Supreme Court of British ColumbiaCase Number
S20960Practice Area
Employment lawAmount
Winner
PlaintiffTrial Start Date
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