Bullen v. Protor & Redfern Ltd.

1996 CanLII 8135 (ON SC)Decided Wrongful dismissal

Wrongful Dismissal: 21-Year Employee Awarded 16 Months Notice

Summary

A wrongful dismissal case involving a plaintiff employed for 21 years in a technical role who was dismissed without cause. The court applied the Bardal v. Globe & Mail factors to determine 16 months’ reasonable notice. Summary judgment was granted as no material facts were in dispute, and a trust was imposed for the plaintiff’s post-judgment earnings during the notice period. Benefits were also awarded at $44.01 per month for 16 months.

Outcome

Summary judgment granted, 16 months’ notice awarded, trust imposed for post-judgment earnings, and benefits awarded.

Award

16 months’ notice awarded, trust imposed for post-judgment earnings, and benefits awarded at $44.01 per month for 16 months.

Key Factors

  • wrongful dismissal
  • reasonable notice
  • Bardal factors
  • summary judgment
  • mitigation of damages

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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.