The plaintiff, a 60-year-old upholsterer with 32 years of service, sued his former employer for wrongful dismissal.
He passed away before trial, raising preliminary evidentiary issues regarding the admissibility of his examination for discovery transcripts and hearsay statements made to others.
The court admitted the evidence under the principled approach to hearsay.
On the merits, the court found the plaintiff was wrongfully dismissed, not having resigned as the employer claimed, and awarded 23 months' reasonable notice.
The court also awarded $5,000 for a breach of the Human Rights Code, finding the termination was partly based on age and disability, but dismissed claims for aggravated and punitive damages.