In Nahum v Honeycomb Hospitality ( no citation ) Justice Sossin denied the defendant’s motion to stay the enforcement of a summary trial decision which had been upheld by the Divisional Court which stood for the proposition that the reasonable notice period could be extended where the plaintiff was pregnant at the time of termination even when the employer was unaware of the pregnancy.
The Court found that there was a serious issue to be determined but that there was no evidence that to have to pay the judgement of $56,000 at this time would result in the defendant suffering irreparable harm.
Th Court ordered the Defendant to pay the monies into the trust account of its own lawyer pending the outcome of the appeal and ordered costs to the plaintiff in the sum of $5,000. This means that so far the Defendant has been ordered to pay costs of approximately $36,000 on a judgement of $34,000.
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