Alan Davis

The plaintiff, a senior vice president at a mezzanine financing company, was terminated without cause after nearly four years of employment.

He brought an action for wrongful dismissal, seeking damages in lieu of notice, including lost bonus income and stock options.

The court dismissed the claim for stock options as they were not exercisable at the date of termination, and rejected the employer's argument that the plaintiff failed to mitigate his damages.

The court calculated the plaintiff's lost bonus income using a historical average and, applying the Bardal factors, awarded a 12-month notice period, resulting in a net damages award of $272,047.86.

Following the granting of summary judgment for a lender enforcing personal guarantees, the court determined the appropriate costs award.

The moving party sought substantial indemnity costs relying on contractual terms in the guarantee requiring payment of legal costs on a solicitor-and-own-client basis.

The court also found that the responding party attempted to mislead the court by manufacturing evidence regarding the circumstances of the guarantee.

Considering Rule 57.01 of the Rules of Civil Procedure and the principles governing fair and reasonable cost awards, the court granted substantial indemnity costs in the amount sought.