The Court of Appeal for Ontario considered an appeal and cross-appeal arising from the termination of David J. Pateman by Koolatron Corporation after 29 years of employment.
The trial judge found that Mr. Pateman was wrongfully dismissed and awarded damages.
Koolatron appealed on several grounds, including whether Mr. Pateman resigned, mitigation of damages, and the obligation to accept part-time work.
The Court dismissed the appeal, finding no error in the trial judge’s conclusions.
On cross-appeal, Mr. Pateman successfully argued that the deduction for mitigation was unjustified and that a mathematical error had been made in the damages calculation.
The Court corrected the damages and awarded costs to Mr. Pateman.
