Court File and Parties

Court File No.: CV-18-602946-0000 Date: 2025-09-23 Superior Court of Justice - Ontario

Re: Jan Ferguson, Plaintiff And: Yorkwest Plumbing Supply Inc., Defendant

Before: Parghi, J.

Counsel: Gurlal S. Kler, for the Plaintiff

Heard: September 23, 2025

Endorsement

[1] The Plaintiff moves for default judgment in a wrongful dismissal action against her former employer. The motion for default judgment is granted for damages in the amount of $170,415.42, plus $6,879 in costs and disbursements, inclusive of HST.

[2] The deemed admission of facts in the Statement of Claim resulting from the Defendant's default, together with the evidence contained in the affidavit filed in support of the motion, support a judgment on liability.

[3] Having regard to the damages claim, the deemed admission of facts and the affidavit evidence support a judgment for damages of $170,415.42.

[4] I am satisfied that Ms. Ferguson is entitled to $60,000 in commissions owed to her. I am also satisfied that her monthly compensation included base salary of $6,250, commissions of $9,750, vehicle allowance of $750, gas allowance of $416.67, and benefits of $1,716.67, for a monthly total of $18,883.34 in compensation.

[5] I find that the appropriate notice period for Ms. Ferguson is six months. This is appropriate in light of her age and length of service to her employer. It is also in keeping with the case law. The authorities cited in favour of a longer notice period are different on the facts. For example, the court in Nemirovski v. Socast Inc., 2017 CarswellOnt 14948 was clear that, in granting nine months of reasonable notice, it was ordering a notice period at the high end of the range because the plaintiff had an onerous non-compete clause in their employment agreement, which made re-employment harder, and the employer did not provide a letter of reference. Those considerations do not apply here. Likewise, in Deplanche v. Leggat Pontiac Buick Cadillac Ltd., 2008 CarswellOnt 2107, the court granted an eight-month notice period to an employee who had a longer tenure of employment than Ms. Ferguson (2.1 years versus 1.4 years) and was older (57 years old, versus 47). I also note that while the Plaintiff asserts that her employment is in a niche area, there is no evidence on that point before me. In all the circumstances, therefore, I am of the view that a six month notice period is appropriate.

[6] Based on a six-month notice period and monthly compensation of $18,883.34, and factoring in the $60,000 in commissions owed, I award Ms. Ferguson $173,300.04 in damages, from which I deduct the $2,884.62 paid to her in lieu of notice upon termination. There is no need to deduct any mitigation income she earned after she started with her new employer because her new employment started after the six-month notice period ended.

[7] Accordingly, I award $170,415.42 in damages.

[8] The Plaintiff also seeks her costs of $6,879, inclusive of disbursements and HST. She is successful in her action and this motion and is entitled to her costs. The amounts sought are reasonable. The disbursements were properly incurred. I grant her the amount sought.

[9] Judgment is to issue in the form attached.

[10] Plaintiff's counsel is instructed to provide a copy of this Endorsement and Judgment to the Defendant.

Parghi, J

Date: September 23, 2025