Filiatrault v. Tri-County Welding Supplies Ltd.
Wrongful Dismissal: Senior Executives Awarded 18 Months' Notice
Summary
A wrongful dismissal case involving senior executives terminated without cause following the sale of company shares. The court implied a term for reasonable notice based on 42 years of service and awarded 18 months' notice, rejecting arguments of excessive compensation and joint and several liability between the manufacturer and distributor.
Outcome
senior executives awarded 18 months' notice and full damages without mitigation discount
Award
18 months' notice based on five-year average salaries
Key Factors
- wrongful dismissal
- reasonable notice
- implied terms
- mitigation of damages
- joint and several liability
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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.