The plaintiff brought a motion for summary judgment in a wrongful dismissal action following termination without cause after approximately 16 years of service in a specialized technical role.
The court determined that the reasonable notice period and mitigation issues could be resolved on the summary judgment record, while claims for aggravated, punitive, and certain special damages required viva voce evidence at a summary trial.
Applying the Bardal factors, the court found a 16‑month reasonable notice period appropriate given the employee’s age, long service, specialized duties, and limited re‑employment prospects.
The employer failed to establish a failure to mitigate.
Judgment was granted for damages for lack of reasonable notice, with remaining issues reserved for a summary trial.