The appellant, a solicitor, was wrongfully dismissed by his employer without cause.
He claimed damages for lost pension rights, which had not vested at the time of dismissal, as well as aggravated damages for mental distress and punitive damages due to the harsh and humiliating treatment he received from his supervisor prior to dismissal.
The Supreme Court of Canada dismissed the appeal, holding that the express terms of the pension plan precluded the implication of a term protecting unvested pension rights upon wrongful dismissal.
The Court further held that aggravated and punitive damages are generally not available in breach of contract actions unless the conduct complained of constitutes an independent actionable wrong.
