Ian A. Wilson

The plaintiff, a 65-year-old general manager, was terminated without cause or notice after five years of employment when the defendant corporation was shut down.

The defendant abandoned its defence at trial.

The court awarded nine months' notice, equivalent to $48,749.94.

The court declined to deduct the plaintiff's post-termination earnings from inferior positions, finding he was forced to accept them to mitigate his damages.

The court also awarded $7,500 in exemplary damages due to the defendant's bad faith conduct in blackening the plaintiff's character in the community.

The appellant appealed the dismissal of his action against the Toronto Police Services Board and others.

The motion judge had found that the plaintiff failed to show any bad faith, mala fides, or recklessness on the part of the Commissioner or his investigator, and dismissed the action on the merits.

The Court of Appeal agreed, finding this dispositive of the appeal, and dismissed the appeal with costs fixed at $3,000.