J. Lynn Thomson

Following an appeal in which the appellant IBM enjoyed substantial success, the Court of Appeal fixed the appellant's costs at $12,500 all inclusive.

The employee was dismissed for cause after making a threat of violence while on short-term disability.

A jury found no just cause for dismissal and awarded 9 months' notice, 4 months' Wallace damages, $1,000 in aggravated damages, and $22,000 in punitive damages.

The employer appealed.

The Court of Appeal upheld the jury's findings on lack of just cause and Wallace damages, but reduced the notice period to 4 months, finding 9 months unreasonable for a short-tenure, non-managerial employee.

The Court also set aside the aggravated and punitive damages because the jury had explicitly rejected the only pleaded independent actionable wrong (intentional infliction of mental distress).