Jackson v. White Radio LP, 2012 ONSC 5042

SUPERIOR COURT OF JUSTICE - ONTARIO

COURT FILE NO.: 08-3962
DATE: 2012-09-06

RE: Tim Jackson, Plaintiff

A N D:

White Radio LP and White Radio GP Inc., Defendants

BEFORE: The Honourable Mr. Justice D. S. Crane

COUNSEL:
Mr. Sean T. Jackson, for the Plaintiff
Unrepresented, for the Defendants

HEARD: 4 September, 2012

E N D O R S E M E N T

1## Background

At the opening of trial, upon the submissions of counsel for the plaintiff, an endorsement was made on the trial record as follows:

The Statements of Defence having been struck upon the default of each defendant, the allegations of fact made in the statement of claim are by law accepted as facts at this trial.

2The plaintiff was employed by the defendants as their marketing department manager and as a member of the defendants’ executive team with the plaintiff reporting to the defendants’ president and general manager.

3The plaintiff was employed by the defendants for three years and 8.5 months.

4He was 36 years old when terminated.

5He was paid three weeks salary of $4,062.51.

6The plaintiff was terminated without cause and without notice. The plaintiff did not replace his employment for approximately 13 months.

7## Analysis and Damages

The plaintiff advances two claims. He claims past income earned and not paid, all as deposed at paragraph 21 of the plaintiff’s affidavit, in the total sum of $32,500.00, [sic].

8The other claim is for wrongful dismissal. Counsel submits a range of 5 to 10 months salary in lieu of notice. The claim asks for 6 months salary.

9In my view, this claim of 6 months is within any reasonable range of damages for like cases. In the circumstances of this case, I find the plaintiff is entitled to his claim of 6 months pay in lieu of notice.

10Damages are determined in accordance with the allegations of the statement of claim and the evidence of the plaintiff’s affidavit. The sum of damages is $35,208.42 less the 3 weeks paid to the plaintiff of $4,062.51 for a net sum of $31,145.91.

11## Prejudgment Interest

In addition, the plaintiff will have prejudgment interest determined in accordance with the Courts of Justice Act .

12The calculations of prejudgment interest have been made by the plaintiff’s counsel and deposed to by the plaintiff at Exhibit C to his affidavit. On these calculations I award the plaintiff the sum of $8,562.01 prejudgment interest on his judgment for unpaid bonuses of $32,500.00 with this claim commencing the 30 September, 2005, to the date of trial (4 September, 2012).

13I allow the plaintiff prejudgment interest on damages of $31,145.91 pursuant to the Courts of Justice Act , commencing 12 July, 2008, to the date of trial. Counsel for the plaintiff may enter judgment for this award upon an affidavit detailing the calculated sum.

14## Costs

Counsel has filed a Bill of Costs.

15I accept the disbursements as submitted of $1,226.78.

16Mr. Jackson has submitted time of approximately 28 hours. The Bill is calculated on a full indemnity basis.

17I allow the plaintiff his costs of counsel for this case on a scale of partial indemnity. I fix costs at $7,500.00 inclusive of applicable G.S.T. or H.S.T., plus disbursements of $1,226.78 for an all inclusive total sum of $8,726.78.

18Counsel may submit his draft judgment to me without the approval from the defendants as to form and content.