Donald Schultz, a director at Canada Lands Company CLC, was terminated with cause for alleged misconduct during procurement processes.
The court found that while some of Schultz's actions were inappropriate (e.g., providing a draft recommendation memo with confidential competitor information, attending social events with proponents during procurement), they did not constitute misconduct severe enough to warrant termination with cause, especially considering mitigating factors such as tight timelines, the employer's inconsistent policy enforcement, and lack of proper investigation.
The court awarded Schultz 12 months' reasonable notice, benefits, and a portion of his bonus, but denied moral and punitive damages.
