Milwid v. IBM Canada Ltd.

2023 ONSC 490 (CanLII)Decided Wrongful dismissal

38-Year Employee Wrongful Dismissal: 27 Months Notice and Damages

Summary

A wrongful dismissal case involving a 38-year employee terminated without cause. The court extended the notice period to 27 months, applied Bardal factors, and addressed compensation for unvested RSUs and discretionary bonuses. Mitigation efforts and pension contributions were also considered.

Outcome

plaintiff awarded extended notice period and damages for unvested RSUs and pension contributions

Award

27 months' notice, damages for unvested RSUs, and pension contributions

Key Factors

  • wrongful dismissal
  • reasonable notice
  • mitigation of damages
  • pension contributions

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.