D. Bruce Sevigny

The appellant dismissed the respondent, a 55-year-old professional engineer with approximately two decades of management experience, without cause on December 16, 2016.

The motion judge granted summary judgment in favour of the respondent, awarding 12 months' salary, benefits and pension contributions in lieu of notice, and a $12,000 discretionary bonus for the year of termination.

The appellant appealed, arguing that the notice period should be reduced to 8 to 10 months and challenging the bonus award.

The Court of Appeal dismissed the appeal, finding no error in principle and holding that the motion judge's determinations were entitled to deference.

The plaintiff, a 55-year-old executive and professional engineer with eight years of service, brought a motion for summary judgment in a wrongful dismissal action.

The parties agreed to summary disposition of damages but disputed the notice period and bonus entitlement.

Applying the Bardal factors, the court awarded a 12-month notice period.

The court also awarded a $12,000 bonus for the year of termination, finding the plaintiff was artificially deprived of it, but declined to award a bonus for the notice period as it was not a regular part of compensation.

Following a summary judgment in a wrongful dismissal action under the simplified rules, the plaintiff sought costs of over $20,000.

The plaintiff recovered $13,076.92, which was less than half of the damages sought, and had abandoned a $50,000 punitive damages claim at trial.

The defendant argued no costs should be awarded as the recovery fell within Small Claims Court jurisdiction.

The court declined to order no costs but, applying the principle of proportionality and noting the defendant's mixed success, fixed the plaintiff's costs at $5,000 all-inclusive.