COURT OF APPEAL FOR ONTARIO
RE:
TOM MOSEY (Plaintiff/Respondent) v. LALLY GROUP LTD. and LALLY SALES & SERVICE LTD. (Defendants/Appellants)
BEFORE:
O'CONNOR A.C.J.O., CATZMAN and WEILER JJ.A.
COUNSEL:
Raymond Colautti, Anita Chatterjee and James Renaud for the appellant
Stuart Mackay for the respondent
HEARD & ENDORSED:
October 20, 2003
On appeal from the judgment of Justice J.H. Brockenshire dated February 8, 2002.
APPEAL BOOK ENDORSEMENT
1Even assuming that the employees manual had been read and understood by the respondent, it could not have the effect of eliminating the entitlement to reasonable notice in respect of the 10 year period of employment that preceded that document.
2In our view, the trial judge correctly addressed the repudiation issue on an objective basis.
3There is no basis to interfere with the trial judge's findings of fact in respect of mitigation. There was no palpable and overriding error.
4Accordingly, the appeal is dismissed. Costs are fixed in the amount of $7,5000, including disbursements and G.S.T.