The appellant employer appealed a summary judgment decision awarding the respondent employee common law reasonable notice damages.
The motion judge had found that the termination clause in the employment agreement was ambiguous and did not clearly rebut the presumption of common law notice.
The Divisional Court dismissed the appeal, holding that the motion judge made no palpable and overriding error in interpreting the contract.
The court found that the termination clause, when read in the context of the entire agreement, lacked the necessary clarity to limit the employee's entitlements to the statutory minimums under the Employment Standards Act.
