The plaintiff, a 62-year-old senior vice-president with 37 years of service, was terminated without cause.
On a motion for partial summary judgment, the court awarded a 30-month notice period, finding exceptional circumstances due to his age, tenure, and lack of comparable employment opportunities.
The court also held that the plaintiff was entitled to full bonus payments under the company's Long Term and Short Term Incentive Plans during the notice period, as the forfeiture clauses were not properly communicated, were ambiguous, and violated the Employment Standards Act.
