Christopher M. Andree

A long‑term employee brought a motion for summary judgment in a wrongful dismissal action after nearly 39 years of service.

The court determined the employee’s position at termination remained a middle‑management role despite internal restructuring.

Applying the Bardal factors, including the employee’s age, lengthy service, and managerial character of employment, the court fixed the reasonable notice period at 24 months.

The employer failed to establish that the employee had not made reasonable mitigation efforts.

However, the court held the employee was not entitled to further incentive payments under the employer’s short‑term incentive plan because the plan required active employment at the payout date.

The defendants brought a motion to strike portions of the plaintiff's Fresh as Amended Statement of Claim, arguing they offended s. 36(3) of the Regulated Health Professions Act by referring to the contents and outcomes of a College of Nurses discipline proceeding.

The plaintiff argued the Court of Appeal had previously granted leave to include these facts.

The court held that s. 36(3) provides an absolute prohibition against admitting records or decisions of College proceedings in civil actions.

The motion was granted, and the impugned portions of the pleadings were struck.