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.
