Following a summary judgment awarding the plaintiff 16 months' pay in lieu of notice for wrongful dismissal, the parties disputed the calculation of damages.
The court ruled that the plaintiff was entitled to a car allowance and that his commissions should be calculated separately based on actual earnings pro-rated over the notice period.
However, the court agreed with the defendant that the award is subject to statutory deductions, including the repayment of Employment Insurance benefits to the Receiver General.
The court also held that pre-judgment interest must be calculated on the shortfall of payments during the salary continuance period, rather than as a lump sum, following the Court of Appeal's decision in Lowndes.
