The right forum in wrongful dismissal cases

It is very important that plaintiffs choose the right form for their wrongful dismissal case. If plaintiffs sue in the wrong place – i.e. if they inflate their claim to use the ordinary procedure when they should have used one of the other two processes, they could face very serious cost consequences as a result of that decision.

A law suit brought in the superior court of justice in Ontario should be worth at least $25,000.  If the right forum is not selected and a wrongful dismissal case is brought in the Superior Court when it should have been brought in Small Claims Court, the plaintiff can face significant cost consequences.

Even if the lawsuit is worth more than $25,000, there are also cost consequences of suing for more than $100,000 if the case should have been worth between $25,000 and $100,000.  Choosing the right forum and the proper legal process is a very important decision that requires appropriate legal expertise and experience.

It is very important that dismissed employees considering legal action get a proper assessment of the value of their case so that they choose the right forum.

Making the wrong decision can be a very expensive error.

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