John M. Skinner

The plaintiff, assignee of a debt owed by the defendants under minutes of settlement, sued for the outstanding principal and accumulated interest.

The defendants acknowledged the principal debt but sought equitable relief from the accumulated interest under section 98 of the Courts of Justice Act, arguing they withheld payment because the plaintiff failed to provide proper notice of the assignment.

The court found that the defendants' conduct in withholding payment was not reasonable and that the contractual interest rate did not constitute a penalty or forfeiture.

Judgment was granted in favour of the plaintiff for the principal and accumulated interest.

The plaintiff, a long‑term employee with 36 years of service, was terminated after his managerial role was eliminated during economic downturn layoffs.

The employer offered him an alternative position with lower pay, shift work, and substantially more physical demands.

The plaintiff declined and sued for wrongful dismissal.

The court held that the employer failed to prove the plaintiff had failed to mitigate his damages by refusing the alternative role, finding the job materially different given the plaintiff’s age, physical limitations, and the passage of time since he last performed that work.

Reasonable notice was set at 20 months, with damages awarded for the balance of notice after credit for severance already paid, plus medical expenses and pension loss.