Mathieson v. Scotia Capital Inc.

Summary

A wrongful dismissal case involving a plaintiff employed for over 30 years who was terminated at age 58. The court considered whether 24 months’ notice was appropriate under the Bardal factors and whether Wallace/Keays damages were available for economic loss absent bad faith. The defendant initially offered 18 months’ notice, later extended to 24 months. The court also addressed the fairness of a discretionary bonus awarded in 2006.

Outcome

The court found the bonus criteria and process reasonable, consistent with the employment contract, and no evidence of bad faith in the termination process was found.

Award

The defendant initially offered 18 months’ notice, later extended to 24 months. No damages were awarded for economic loss absent bad faith.

Key Factors

• wrongful dismissal
• reasonable notice
• Bardal factors
• Wallace/Keays damages
• discretionary bonuses