Hendrik Thomas Nieuwland

Following a successful appeal by the respondents, the parties made written submissions on costs.

The respondents sought partial indemnity costs of $41,762.66, while the appellant sought substantial indemnity costs for a prior motion.

The Divisional Court ordered each party to bear its own costs of the motion and fixed the respondents' costs of the appeal at $20,000, finding the amount claimed to be beyond what was fair and reasonable.

The appellant was dismissed without cause from his employment as a senior vice-president and part-owner of the respondent company.

The trial judge awarded 5 months' pay in lieu of notice and fixed the share repurchase trigger date at the end of the notice period.

On appeal, the Court of Appeal increased the notice period to 9 months, finding the trial judge overemphasized short service and underemphasized the character of employment and availability of similar employment.

The Court also allowed the cross-appeal, holding that the share repurchase trigger date was the date of termination, not the end of the notice period.

Finally, the Court adjusted the trial costs order, finding that a second settlement offer revoked the first.