Schumacher v. Toronto-Dominion Bank
Wrongful Dismissal: Pre-Judgment Interest on Employment Damages
Summary
A wrongful dismissal case involving a terminated employee seeking pre-judgment interest on damages. The court determined the appropriate interest rate under the Courts of Justice Act and addressed the applicability of the instalment approach to reflect the timing of payments, given the employee’s compensation structure included bi-annual bonuses.
Outcome
Pre-judgment interest awarded at the statutory rate of 6% under the Courts of Justice Act, and party-and-party costs awarded due to the plaintiff’s offers to settle failing to meet clarity requirements under Rule 49.
Award
Pre-judgment interest awarded at 6% statutory rate; party-and-party costs awarded.
Key Factors
- wrongful dismissal
- pre-judgment interest
- employment compensation
- instalment approach
- Rule 49 cost consequences
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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.