COURT OF APPEAL FOR ONTARIO
AUSTIN, MOLDAVER AND BORINS JJ.A.
B E T W E E N :
DAVID COWPER
Plaintiff
(Respondent)
- and -
ATOMIC ENERGY OF CANADA LTD.
Defendant
(Appellant)
William G. Scott
Colin S.Baxter
for the appellant/defendant
Macey Schwartz
for the plaintiff/respondent
Heard: May 16, 2000
On appeal from the judgment of Chadwick J. dated April 27, 1999
made at Ottawa.
AUSTIN J.A.:
1The trial judge found that a notice period of twenty-seven
months was warranted in all the circumstances. While we consider
this to be at the extreme upper limit of the appropriate notice
period, based on the circumstances of this case, we are not
persuaded that it is more than that or that we should interfere.
2The trial judge also found that the respondent made
reasonable efforts to mitigate his damages. In our view, it was
open to him to make that finding on the record. In his reasons,
the trial judge indicated that he might have increased the notice
period had the respondent made greater efforts to seek
employment. In our view, had he done so, he would have been in
error.
3The appeal is therefore dismissed with costs.
Released: May 19, 2000
“Austin J.A.”
“M. Moldaver J.A.”
“S. Borins J.A.”