Mellema v. Fishercast Global Corporation

2006 CanLII 15768 (ON SC)Decided Termination

Wrongful Dismissal: 24-Month Severance Awarded Under Employment Agreement

Summary

A merits decision involving a wrongful dismissal case where the plaintiff was terminated without cause and was entitled to 24 months’ severance under the employment agreement. The court resolved ambiguity in the forfeiture clause in favor of the plaintiff and granted summary judgment for damages arising from the breach of the employment agreement. The plaintiff was also found entitled to 10 days’ vacation pay under a separate agreement.

Outcome

Summary judgment granted in favor of the plaintiff for damages arising from breach of employment agreement.

Award

Plaintiff entitled to 24 months’ severance and 10 days’ vacation pay under employment agreement.

Key Factors

  • termination without cause
  • severance payments
  • forfeiture clause interpretation
  • summary judgment
  • vacation pay

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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.