A senior executive sued for wrongful dismissal after being terminated for alleged financial fraud, while the employer counterclaimed in civil fraud, unjust enrichment, and breach of fiduciary duty arising from accounting treatment, inventory reserves, and intercompany transfers.
The court found the employer failed to prove the alleged dishonest conduct, failed to substantiate its fraud theory through direct witnesses or documentary support, and did not establish just cause.
Applying the Bardal factors, the court fixed reasonable notice at 19 months and awarded salary, bonus, benefits, RRSP contributions, punitive damages, and moral damages.
The counterclaims for civil fraud and unjust enrichment were dismissed.
