Love v. Acuity Investment Management Inc.
Wrongful Dismissal: Senior VP Awarded 5 Months Notice After 2.5 Years of Service
Summary
A wrongful dismissal case involving a senior vice president who was dismissed after 2.53 years of service. The court awarded five months’ notice based on the Bardal factors, and determined that the employer did not fulfill their obligations under the employment contract by offering only three months’ salary in lieu of notice. The case also addressed the retention of equity shares during the notice period and dismissed claims of misrepresentation.
Outcome
Plaintiff awarded five months’ notice, claims of misrepresentation dismissed, and shareholding during notice period upheld.
Award
Five months’ notice awarded; incremental capital appreciation and dividends on equity shares awarded; claims of misrepresentation dismissed.
Key Factors
- wrongful dismissal
- reasonable notice
- Bardal factors
- employment contract obligations
- equity shares during notice period
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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.