The appellant appealed a Small Claims Court decision awarding the respondent damages for the wrongful termination of a six-month fixed-term consulting contract.
The appellant argued that damages should be limited to the two-week early termination notice period provided in the contract, and that the respondent had a duty to mitigate.
The Divisional Court dismissed the appeal, finding that the appellant never actually invoked the early termination clause until two days before the contract expired, effectively keeping the respondent on call.
The court upheld the trial judge's finding that the respondent was entitled to the balance of the fixed-term contract price without a duty to mitigate.
