2 total
Notice period increased to 9 months; share repurchase triggered on termination date, not end of notice.
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.
Application to prohibit securities commission hearing dismissed as premature; bias allegations must be raised before tribunal.
The applicant, a former officer of Nortel, sought judicial review to prohibit the Ontario Securities Commission from proceeding with a hearing against him.
He argued that the Commission's prior settlement with Nortel, which included admissions of misconduct by its managers, created a reasonable apprehension of bias against him.
The Divisional Court dismissed the application as premature, finding no exceptional circumstances to justify fragmenting the administrative proceedings before the Commission had an opportunity to consider the matter and hear evidence regarding the applicant's actual role.
