Michael Comartin

A long‑term employee brought a motion for summary judgment in a wrongful dismissal action after nearly 39 years of service.

The court determined the employee’s position at termination remained a middle‑management role despite internal restructuring.

Applying the Bardal factors, including the employee’s age, lengthy service, and managerial character of employment, the court fixed the reasonable notice period at 24 months.

The employer failed to establish that the employee had not made reasonable mitigation efforts.

However, the court held the employee was not entitled to further incentive payments under the employer’s short‑term incentive plan because the plan required active employment at the payout date.

Following a successful summary judgment motion by the plaintiffs in a wrongful dismissal action, the court addressed costs.

One defendant sought costs against the other defendant rather than the plaintiffs, arguing that the other party’s litigation position caused its involvement in the action.

The court rejected that position and held that no costs would be awarded for or against that defendant.

The court found the remaining defendant liable for the plaintiffs’ costs and determined that substantial indemnity costs were appropriate due to the defendant’s unfounded and strategic allegation of termination for cause, which unnecessarily complicated and lengthened the proceedings.

The plaintiffs brought a motion for summary judgment seeking pay in lieu of reasonable notice following termination of a consulting relationship related to the establishment of a Schedule 1 bank.

The defendant bank argued the individual plaintiff was never its employee but rather a consultant engaged through a consulting company.

The court held that, at minimum, the consultant functioned as a dependent contractor given his exclusive work for the bank, integration into its operations, and representation to regulators as a senior officer.

Applying principles from employment law regarding reasonable notice, the court determined that eight months’ notice was appropriate.

Summary judgment was granted awarding consulting fees equivalent to eight months’ compensation plus HST and contractual interest.