Mr. Ivars Mikelsteins, a 57-year-old employee with 31 years of service, was terminated without cause from Morrison Hershfield Ltd. He brought a summary judgment motion for wrongful dismissal damages, including reasonable notice, benefits, share valuation increases, share bonuses, and a gross-up on share value.
The court determined a reasonable notice period of 26 months, awarded damages for base salary, bonus, and RRSP contributions, and 10% of base salary for lost benefits for the remaining notice period.
The court also found Mikelsteins entitled to damages for the increase in share value, share bonuses, and a gross-up, rejecting the employer's argument that the Shareholders' Agreement ousted common law entitlements.
The court adopted a partial summary judgment approach for mitigation, requiring monthly payments and allowing the employer to challenge mitigation efforts later.