Citation: Rohleder v Rodgers et al, 2016 MBCA 47 Date: 20160506 Docket: AI15-30-08503 IN THE COURT OF APPEAL OF MANITOBA Coram: Madam Justice Holly C. Beard Mr. Justice Christopher J. Mainella Madam Justice Jennifer A. Pfuetzner BETWEEN : ASHLEY MICHELLE LEE ROHLEDER ) A. M. L. Rohleder ) on her own behalf (Plaintiff) Appellant ) ) K. A. McCandless and ) J. W. A. Enns - and - ) for the Respondent ) DAWN RODGERS, THE MOMENTUM ) CENTRE, INC. ) Appeal heard and ) Decision pronounced: (Defendants) Respondents ) May 6, 2016 MAINELLA JA (for the Court): [ 1 ] This is an appeal of an order granting the respondents

summary judgment dismissing the appellant’s claim for wrongful dismissal and negligent misrepresentation. [ 2 ] The appellant argues that the motion judge erred in deciding that she had failed to establish a genuine issue for trial to support her claim for damages for mental distress and the respondents’ conduct in dismissing her, negligent misrepresentation and, finally, the enforceability of a supposed arbitral award. [ 3 ] We do not accept this submission.

Leaving aside the live issue of whether the appellant was wrongfully dismissed halfway through a six-month training program for disadvantaged youths, she was paid one week’s wages in lieu of notice plus vacation pay in accordance with The Employment Standards Code , CCSM c E110, to address any damages she may have suffered.

The other arguments raised by the appellant, including those related to her motion to strike the statement of defence, either have no merit or are being raised for the first time on appeal. [ 4 ] In our view, the appellant has failed to demonstrate that the motions judge misdirected herself in fact or law, or that her exercise of discretion in granting

summary judgment was so clearly wrong as to amount to an injustice ( Homestead Properties (Canada) Ltd v Sekhri et al , 2007 MBCA 61 at para 13 , 214 ManR (2d) 148 ). [ 5 ] The appeal is dismissed with costs. JA JA