Dowling v. Halifax (City), 1998 CanLII 834 (SCC), [1998] 1 SCR 22
Robert J. Dowling Appellant
v.
City of Halifax Respondent
Indexed as: Dowling v. Halifax (City)
1998: January 20.
Present: L’Heureux‑Dubé, Gonthier, Cory, McLachlin, Iacobucci, Major and Bastarache JJ.
on appeal from the court of appeal for nova scotia
Labour law ‑‑ Wrongful dismissal ‑‑ Near cause doctrine -- Arguments related to doctrine not accepted.
APPEAL from a judgment of the Nova Scotia Court of Appeal (1996), 1996 NSCA 137, 152 N.S.R. (2d) 18, 442 A.P.R. 18, 136 D.L.R. (4th) 352, 20 C.C.E.L. (2d) 159, [1996] N.S.J. No. 244 (QL), dismissing an appeal from a judgment of Boudreau J. (1995), 1995 CanLII 4383 (NS SC), 147 N.S.R. (2d) 43, 426 A.P.R. 43, 15 C.C.E.L. (2d) 299, [1995] N.S.J. No. 523 (QL), allowing an action for damages for wrongful dismissal. Appeal allowed.
Eric K. Slone and Andrew J. Munro, for the appellant.
Mary Ellen Donovan and Joel E. Fichaud, Q.C., for the respondent.
//Cory J.//
The judgment of the Court was delivered orally by
1Cory J. ‑‑ The appeal is allowed with costs to the appellant in this Court and in the Nova Scotia Court of Appeal.
2The judgment of the Court of Appeal is set aside and the matter is remitted to the Nova Scotia Supreme Court to determine the reasonable notice which should have been given to the appellant for wrongful dismissal. We do not accept any argument relating to near cause.
3This disposition is without prejudice to the respondent’s bringing any separate action to address any claims it may have against the appellant apart from reducing the period of reasonable notice owing to the appellant.
Judgment accordingly.
Solicitors for the appellant: Slone & Munro, Halifax.
Solicitor for the respondent: Halifax Regional Municipality Legal Services, Halifax.