2 total
Trial costs fixed at $39,196.08 on consent following joint submissions by the parties.
Following an appeal, the parties provided joint submissions regarding the costs of the trial.
The Court of Appeal ordered that the trial judgment be amended on consent to award the plaintiff fixed costs in the amount of $39,196.08.
Wrongful dismissal appeal allowed in part; Wallace extensions set aside due to lack of bad faith.
The respondent was dismissed without cause from his managerial position after 13 months of service.
The trial judge awarded a base notice period of six months and added two three-month Wallace extensions for bad faith in the manner of dismissal, along with damages for mitigation expenses and loss of an Employee Stock Purchase Plan.
On appeal, the Court of Appeal upheld the six-month base notice period but set aside the Wallace extensions, finding no evidence of bad faith or high-handed conduct by the employer.
The court also adjusted the damages for mitigation expenses and the stock purchase plan.
