Correa v. Dow Jones Markets Canada Inc.
Wrongful Dismissal: Senior Executive Awarded 18 Months Notice
Summary
A wrongful dismissal case involving a senior executive with 16 years and 8 months of service who was terminated without cause. The court determined that the reasonable notice period was 18 months based on Bardal factors, awarded damages as a lump sum subject to a trust for mitigation earnings, and found the plaintiff made reasonable efforts to mitigate damages.
Outcome
Lump sum damages awarded, subject to trust for mitigation earnings; summary judgment granted for share purchase claim; other claims deferred to trial.
Award
Lump sum damages awarded, subject to trust for mitigation earnings; 18 months' reasonable notice determined.
Key Factors
- wrongful dismissal
- reasonable notice
- mitigation of damages
- lump sum versus periodic payments
- trust on mitigation earnings
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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.