DATE: 20031021 DOCKET: C37919

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

[1] Even 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.

[2] In our view, the trial judge correctly addressed the repudiation issue on an objective basis.

[3] There is no basis to interfere with the trial judge's findings of fact in respect of mitigation. There was no palpable and overriding error.

[4] Accordingly, the appeal is dismissed. Costs are fixed in the amount of $7,5000, including disbursements and G.S.T.