Kirkland v. Lohmann Tierzucht Canada Ltd.
Wrongful Dismissal: Limitation Period Begins with Notice of Termination
Summary
A wrongful dismissal case where the plaintiff alleged termination after receiving oral notice in December 2003 and written notice in March 2004. The defendant argued the two-year limitation period under the Limitations Act, 2002 applied, while the plaintiff contended the six-year period from the previous legislation should apply. The court addressed whether the limitation period begins with oral or written notice of termination.
Outcome
The court determined that the limitation period begins when the employer gives notice of dismissal, even if the termination date is in the future.
Key Factors
- wrongful dismissal
- limitation periods
- notice of termination
- statutory interpretation
- Limitations Act, 2002
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This is legal information, not legal advice. Ontario Severance is an educational tool. If you are facing a serious employment law matter, consult with a qualified employment lawyer in Ontario.