Cédric Lamarche

The plaintiff, a 52-year-old general manager in the media industry, was terminated without cause after 5.5 years of employment.

On a motion for summary judgment, the court determined the reasonable notice period to be 8 months.

The court found the plaintiff was entitled to damages for her lost bonus, as it was an integral part of her compensation and not unambiguously excluded by her contract.

However, the notice period was reduced by 2 months because the plaintiff failed to take reasonable steps to mitigate her damages, having delayed her job search and applied almost exclusively for more senior roles.

This costs endorsement followed a Rule 21 motion in which the plaintiff had objected that disputed facts made the motion inappropriate.

The court accepted that the defendant's motion forced the plaintiff to address the enforceability of the termination provision to the extent permitted under Rule 21.

Applying the Rules and the Boucher costs framework, the court found it just and reasonable to award immediate costs rather than costs in the cause.

Partial indemnity costs of $4,714, inclusive of disbursements and applicable taxes, were awarded to the plaintiff.

The employer appealed a summary judgment awarding the plaintiff damages based on a six-month notice period for wrongful dismissal.

The Divisional Court upheld the summary judgment, finding no material facts in dispute regarding the notice period or mitigation efforts.

However, the court reduced the damages by $2,800 due to a calculation error regarding benefits.

The court also granted leave to appeal costs and increased the plaintiff's costs award to $18,000, finding the motion judge erred by failing to apply the cost consequences of Rule 49 after the plaintiff made a favourable offer to settle.