David A.S. Mills

The appellants appealed an application judge's decision resolving multiple issues regarding an estate and family marina business, including the repayment of a loan and the payment of occupation rent.

The Court of Appeal found no palpable and overriding errors in the application judge's findings of fact or her award of costs.

The appeal was dismissed, save for a minor variation to the formal judgment to clarify that only the estate, not the appellant personally, was liable for the loan repayment.

The plaintiff brought a motion for summary judgment for wrongful dismissal, while the defendant employer claimed the plaintiff had resigned.

The court found that the plaintiff was terminated, as his conduct did not objectively reflect a clear and unequivocal intention to resign.

The court awarded a nine-month notice period, unpaid vacation pay, health benefits expenses, and damages for lost bonuses, finding the bonus was an integral part of compensation.

The plaintiff's claim for punitive damages was dismissed.