COURT OF APPEAL FOR ONTARIO

DATE: 20000519

DOCKET: C32166

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.:

[1] The 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.

[2] The 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.

[3] The appeal is therefore dismissed with costs.

Released: May 19, 2000

“Austin J.A.”

“M. Moldaver J.A.”

“S. Borins J.A.”