Zorn-Smith v. Bank of Montreal
Wrongful Dismissal: 21-Year Employee Terminated on Disability Leave Awarded 16 Months Notice
Summary
A wrongful dismissal case where the plaintiff was terminated while on disability leave. The court found the termination occurred on May 28, 2001, without cause, and awarded 16 months' notice, including Wallace damages for bad faith conduct. The plaintiff's efforts to mitigate damages were deemed reasonable, and special damages for financial losses were awarded. The tort of intentional infliction of mental suffering was also established, resulting in $15,000 in damages.
Outcome
Plaintiff awarded 16 months' notice, Wallace damages, special damages for financial losses, and $15,000 for mental suffering.
Award
16 months' notice, Wallace damages for bad faith, special damages for financial losses, and $15,000 for mental suffering awarded.
Key Factors
- wrongful dismissal
- termination without cause
- reasonable notice
- Wallace damages
- mitigation of damages
- intentional infliction of mental suffering
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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.