Howard Markowitz

The appellant employer appealed a trial judgment awarding the respondent employee damages for wrongful dismissal.

The trial judge had found that the employee's acceptance of four months' severance pay did not constitute accord and satisfaction, as the Employment Standards Act payment was not issued separately.

The trial judge also declined to reduce the notice period for failure to mitigate.

The Divisional Court dismissed the appeal, finding the trial judge's conclusions on these issues of mixed fact and law to be reasonable and well-supported by the evidence.

The appellant appealed the judgment of the trial judge.

The Court of Appeal dismissed the appeal, holding that the trial judge's findings of fact could not be successfully challenged and precluded the application of the legal principles relied upon by the appellant.

Costs were awarded to the respondents on a partial indemnity basis.