WRONGFUL DISMISSAL DAMAGES - Occupation - Professional - Notice period

Law360 Canada ( July 29, 2021, 6:34 AM EDT) -- Remand from the Supreme Court of Canada regarding the award of damages to the respondent in his wrongful dismissal action against his employer, the appellant RBC Dominion. At trial, RBC conceded it terminated the respondent’s employment without cause in 2014. The trial judge found the respondent was entitled to 18 months’ notice. During his employment, the respondent participated in a profit-sharing plan called a carried interest plan. The funds under the plan were wound up after the respondent’s termination. The trial judge awarded the respondent $953,392 for the lost opportunity to earn entitlements under the plan during the notice period and $190,789 in respect of the respondent’s share of investment proceeds under the plan from 2005 to 2013. The Court of Appeal allowed RBC’s appeal regarding the damages award in respect of the incentive plan. The Supreme Court of Canada remanded the case back to the Court of Appeal for disposition in accordance with Matthews v. Ocean Nutrition Canada Ltd....
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