Baranowski v. Binks Manufacturing Co.

2000 CanLII 22614 (ON SC)Decided Wrongful dismissal

Wrongful Dismissal: Senior Executive Awarded 36 Months Notice

Summary

A wrongful dismissal case involving a senior executive with 29 years of service who was terminated via a letter delivered by taxi during his son’s graduation. The court found the manner of dismissal to be bad faith and high-handed, awarding 36 months’ notice and aggravated damages. The employer’s counterclaims of fraud and misappropriation were dismissed as baseless.

Outcome

Plaintiff awarded 36 months’ notice and aggravated damages; counterclaims dismissed.

Award

36 months’ notice and aggravated damages awarded; punitive damages not addressed.

Key Factors

  • wrongful dismissal
  • reasonable notice
  • aggravated damages
  • bad faith dismissal
  • non-competition clause breach

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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.