The appellant, Avaya Canada Corporation, appealed a summary judgment decision that awarded the respondent, John Lynch, 30 months' notice for wrongful dismissal.
Avaya contended the motion judge erred by awarding a notice period exceeding the relief sought, misapplying Bardal factors for reasonable notice, and incorrectly concluding Lynch took reasonable steps to mitigate damages.
The Court of Appeal dismissed the appeal, finding no merit in Avaya's arguments.
The court affirmed that a notice period could exceed the initial claim if argued on that basis without prejudice, upheld the 30-month notice period as justified by "exceptional circumstances" under Bardal, and found no error in the motion judge's mitigation findings.
