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The Court of Appeal for Ontario dismissed an appeal over economic tort, fiduciary duty, non-competition and bonus disputes, and upheld costs awards to the respondents.
The court awarded Larry Gale nine months’ reasonable notice, plus bonus damages, but dismissed claims for benefits and punitive damages in this wrongful dismissal case.
The Court upheld the motion judge: the employee’s duties had fundamentally expanded such that the substratum of the 2005 contract disappeared and its termination limits were unenforceable; the ICA did not unambiguously oust the common law entitlement to earn bonus during the reasonable notice period; the three-year averaging method for quantifying lost bonus was reasonable and entitled to deference; the trial judge erred in deducting the full pro-rated bonus paid on termination and should have only deducted the overpayment portion, resulting in an upward adjustment of damages and an award of…
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Appeal in a wrongful dismissal small claims case. The court upheld most findings, deducted CERB from damages, set aside a penalty, and awarded costs to the respondent.
Judicial review of an unjust dismissal remedy decision: the Court upheld most of the adjudicator’s reasoning, but sent the UBER earnings deduction issue back.
Wrongful dismissal summary trial in which the court awarded notice damages and a 2018 bonus, rejected aggravated damages, and found no failure to mitigate.
The Court dismissed the appeal because the motion judge's mixed fact and law findings were reasonable and not palpably wrong: Groves resigned as director/officer but not as employee; the release and termination provisions that purported to waive ESA entitlements are void; a 24 month reasonable notice period was appropriate given age and long service; and bonus constituted an integral component of compensation recoverable under the Paquette framework.
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The court found constructive dismissal after Seastar unilaterally capped and replaced a profit-sharing bonus scheme, awarding Mr. Wiltse damages on a 16-month notice basis.
The Court declined to entertain Equitable Life's new argument at the clarification stage, affirmed that Mr. Dawe is entitled to pro rata damages for bonus payments to the end of the notice period as determined by the motion judge and this court, and awarded the respondent costs of the appeal in the amount of $25,000 inclusive of taxes and disbursements.
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The employer's revocation of the longstanding work-from-home arrangement and the arbitrary setting of the 2016 fourth-quarter bonus amounted to a constructive dismissal; the employee was not obliged to mitigate by returning or accepting employment that would undermine the breached contractual term; and the employee is entitled to pro rata and full bonus compensation during the notice period based on her established bonus entitlement.
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