Dwyer v. Advanis Inc.
Wrongful Dismissal: VP Terminated After 4 Years Awarded 12 Months Notice
Summary
A wrongful dismissal case involving a Vice President and Executive Vice-President who was terminated after nearly four years of employment. The court applied the Bardal factors to determine whether 12 months constituted reasonable notice, and assessed damages based on base salary and projected variable compensation. The employer was found not to have acted in bad faith, and the termination was deemed to be motivated by financial losses and restructuring, not disability or immigration status.
Outcome
Judgment reserved to reasonable damages reflecting ongoing compensation
Award
Notice damages assessed at $150,000 per annum based on trends and expectations
Key Factors
- wrongful dismissal
- reasonable notice
- Bardal factors
- damages calculation
- employment contract interpretation
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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.