Aislinn E. Reid

Following a wrongful dismissal trial where the plaintiff was awarded $682,151.18 in damages, the parties could not agree on costs.

The court awarded the plaintiff costs of $215,000 on a substantial indemnity basis.

The court found that the defendant's conduct warranted elevated costs because it maintained a legally incorrect position regarding restricted stock units contrary to binding appellate authority, only abandoning it weeks before trial, which unnecessarily increased the plaintiff's litigation costs.

The plaintiff, a 59-year-old executive with 18.5 years of service, was terminated without cause by the defendant employer.

The court awarded a 24-month reasonable notice period, finding that the plaintiff's age, tenure, and executive position warranted the maximum standard notice.

The court also awarded damages for a discretionary bonus that was unfairly denied in the year prior to termination, and damages for restricted stock units and stock options that would have vested during the notice period, calculated based on the plaintiff's historical holding patterns.

Claims for a bonus during the notice period and for aggravated and punitive damages were dismissed.