The appellant employee appealed the dismissal of his motion for partial summary judgment in a wrongful dismissal action.
He argued that the termination provision in his employment contract was ambiguous, failed to oust his common law entitlement to reasonable notice, and violated the Canada Labour Code.
The Divisional Court dismissed the appeal, finding the contractual language clearly rebutted the common law presumption and did not contravene the Code, as it explicitly incorporated statutory minimums if the contractual severance fell short.
