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Bonus damages survived termination despite active employment language.
Following an earlier summary judgment in a wrongful dismissal action, the court released an addendum addressing inadvertent errors, the employee's entitlement to bonus compensation during the common law notice period, mitigation deductions, and costs.
Applying the governing appellate authorities on bonus entitlement, the court held that an active employment requirement did not unambiguously remove the employee's right to damages in lieu of bonus during the notice period where the bonus was an integral part of compensation.
The court calculated the future bonus component by averaging the employee's bonuses over the prior three years, deducted a comparable vehicle benefit obtained in replacement employment, and fixed total damages at $178,879.98.
Partial indemnity costs plus disbursements were awarded in the amount of $43,879.63.
Tribunal's jurisdiction to award costs under REBBA is limited by the SPPA's costs provisions.
The Applicant sought judicial review of a decision by the Appeals Committee of the Real Estate Council of Ontario, which held that its jurisdiction to award costs under the Real Estate and Business Brokers Act, 2002 was limited by section 17.1 of the Statutory Powers Procedure Act.
The Divisional Court determined that the applicable standard of review was reasonableness, as the Tribunal was interpreting its home statute and a closely connected statute.
The Court found the Tribunal's interpretation reasonable, concluding that because REBBA was enacted after February 14, 2000, and does not expressly state that it prevails over the SPPA, the SPPA's costs restrictions apply.
The application for judicial review was dismissed.
