The appellant was dismissed without cause from his employment as a senior vice-president and part-owner of the respondent company.
The trial judge awarded 5 months' pay in lieu of notice and fixed the share repurchase trigger date at the end of the notice period.
On appeal, the Court of Appeal increased the notice period to 9 months, finding the trial judge overemphasized short service and underemphasized the character of employment and availability of similar employment.
The Court also allowed the cross-appeal, holding that the share repurchase trigger date was the date of termination, not the end of the notice period.
Finally, the Court adjusted the trial costs order, finding that a second settlement offer revoked the first.
