James E. Bowden

Following the release of reasons for judgment, written submissions prompted the court to address issues not previously mentioned.

The court confirmed that the defendant’s counterclaim was dismissed.

The plaintiff was awarded prejudgment interest pursuant to ss. 127 and 128 of the Courts of Justice Act from January 30, 2010.

The court also ordered post‑judgment interest in accordance with ss. 127 and 129 of the same statute.

A long‑term clerical employee sued for wrongful dismissal after more than 33 years of service with a sole practitioner lawyer whose practice closed.

The defendant failed to appear at trial and the matter proceeded in his absence.

The court applied the Bardal factors, emphasizing length of service and age, and rejected the notion that clerical employees are subject to a cap on reasonable notice.

The employee, aged 66 at termination and intending to work two more years, was awarded damages based on 18 months’ notice plus unpaid vacation pay.

Costs were awarded on a substantial indemnity basis following a Rule 49 offer to settle that the plaintiff exceeded at trial.