Johnston v. Northwood Pulp Ltd. et al.

1968 CanLII 436 (ON SC)Decided Wrongful dismissal

Wrongful Dismissal: 57-Year-Old General Manager Awarded One Year Notice and Severance

Summary

A wrongful dismissal case involving a 57-year-old general manager with extensive experience in the lumber industry who was terminated without fault. The court determined one year of notice was reasonable based on age, position, and availability of similar employment, applying the Bardal v. Globe & Mail Ltd. framework. The employer was also found to have breached its obligations by failing to provide severance pay and reimburse moving expenses as per the employment contract.

Outcome

Plaintiff awarded reasonable notice, severance pay, and reimbursement for moving expenses.

Award

One year of notice deemed reasonable; employer held liable for $636.05 in moving expenses; severance pay required due to termination without sufficient notice.

Key Factors

  • wrongful dismissal
  • reasonable notice
  • severance pay
  • breach of employment contract
  • Bardal v. Globe & Mail Ltd.

Related Cases

Warren v. Canaccord Genuity Corp.

2026 ONSC 547 (CanLII) · 2026-01-28

Wrongful Dismissal: 21-Month Notice Period and Mitigation Considered

A wrongful dismissal case involving a Managing Director investment banker who was terminated. The court determined a 21-month notice period and awarded bonuses during the notice period. Mitigation and credits were considered, reducing overall damages.

Adelman v. IBM Canada Limited

2026 ONSC 420 (CanLII) · 2026-01-27

Wrongful Dismissal: 24-Month Notice Period for Senior IBM Executive

A wrongful dismissal case involving a senior executive with long service at IBM Canada Limited. The court determined a 24-month notice period and awarded damages for base salary, pension contributions, and benefits. The case also addressed the entitlement to a bonus and equity compensation during the notice period.

Pascuet v. Sky Service

2025 ONSC 6143 (CanLII) · 2025-10-31

Wrongful Dismissal: Claim Dismissed as Statute-Barred

A motion for summary judgment was granted in a wrongful dismissal case where the plaintiff's claim was dismissed as statute-barred under the Limitations Act, 2002. The court applied the discoverability doctrine and ruled that the limitation period began on the date of termination, and the plaintiff failed to rebut the presumption under s. 5(2) of the Limitations Act, 2002.

Ferguson v. Yorkwest Plumbing Supply Inc.

2025 ONSC 5408 (CanLII) · 2025-09-23

Wrongful Dismissal: Plaintiff Awarded $170,415.42 in Damages and $6,879 in Costs

A wrongful dismissal case where the plaintiff was awarded $170,415.42 in damages, including $60,000 in unpaid commissions, for a six-month notice period. The court also awarded $6,879 in costs for a successful motion for default judgment.

Carroll v. Oracle Canada ULC

2025 ONSC 4889 (CanLII) · 2025-08-26

Wrongful Dismissal: 12 Months' Notice, $57,740.55 in Punitive Damages

A wrongful dismissal case involving a Global Strategic Client Executive with short service and high income. The court awarded 12 months' notice based on Bardal factors, denied damages for lost Restricted Stock Units, awarded benefits and RRSP contributions, and granted $57,740.55 in punitive damages for delayed commission payments.

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.