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The court awarded a short-term machinist 12 weeks' reasonable notice, dismissing claims for inducement and punitive damages.
The plaintiff, Ryan Grealy, brought an action for damages for breach of contract after his employment with XL Tool Inc. was terminated without cause.
Grealy had left a long-term position at Diematic Tooling Solutions Inc. to join the defendant, initially on a part-time basis and then full-time.
Upon termination, he was paid one week’s severance as required by the Employment Standards Act, but claimed this was inadequate.
The court considered whether Grealy was induced to leave secure employment, the appropriate notice period, and whether punitive damages were warranted.
The court found no inducement, set a reasonable notice period of 12 weeks, and awarded damages accordingly, but denied punitive damages.
Appeal from Small Claims Court dismissed; appellant failed to prove wood chipper caused tractor damage.
The appellant purchased a wood chipper from the respondent vendor to use with his tractor.
Three years later, the tractor sustained damage while operating the wood chipper.
The appellant sued the vendor and manufacturer for breach of contract, breach of the implied condition of fitness for purpose under the Sale of Goods Act, and negligent misrepresentation, alleging the wood chipper was incompatible with his tractor.
The Small Claims Court dismissed the action, finding the appellant failed to prove the wood chipper caused the damage.
On appeal, the Divisional Court affirmed the trial judge's decision, finding no palpable and overriding error in her reliance on lay opinion evidence or her factual findings.
