Michael Joseph Bonomi

The plaintiff sought costs on a partial indemnity basis following a successful summary judgment motion, requesting $28,339.41.

The defendant conceded entitlement to partial indemnity costs but proposed $7,500, arguing for divided success as the plaintiff did not succeed on all claims (aggravated damages, vacation pay) and the final award of $33,098.44 was close to the defendant's settlement offer.

The court found mixed success, noting the plaintiff was awarded 8 months' pay in lieu of notice (instead of 11 months sought), inclusion of a bonus, no vacation entitlement, and dismissal of punitive damages.

Considering the mixed success and the parties' offers to settle, the court fixed costs payable by the defendant to the plaintiff at $10,000 inclusive of disbursements and HST.

This is a wrongful dismissal action where both parties agreed to proceed by way of summary judgment to determine the period of reasonable notice and the calculation of damages.

The plaintiff sought 9 to 12 months' notice and aggravated damages, while the defendant proposed a notice period not exceeding 7.5 months and disputed aggravated damages.

The court determined an 8-month notice period was appropriate based on the Bardal factors, and calculated damages for salary, health care benefits, pension, and a bonus.

The claim for vacation pay and aggravated damages was dismissed.

The plaintiff sued for wrongful dismissal after termination without cause, while the defendant later alleged fraudulent pre-employment misrepresentations as just cause.

The court rejected the just cause defence, found six months of reasonable notice, accepted most claimed compensation items, rejected mitigation arguments, and awarded damages.