Hall v. Canadian Corporate Management Co. and Regal Cashway Sales Ltd., (1984) 3 O.A.C. 289 (CA)

• Judge: Dubin, Weatherston and Thorson, JJ.A.
• Court: Court of Appeal (Ontario)
• Case Date: February 23, 1984
• Jurisdiction: Ontario
• Citations: (1984), 3 O.A.C. 289 (CA)

Hall v. Cdn. Corporate Mgt. Co. (1984), 3 O.A.C. 289 (CA)

MLB headnote and full text

Hall v. Canadian Corporate Management Company Limited and Regal Cashway Sales Limited

Indexed As: Hall v. Canadian Corporate Management Co. and Regal Cashway Sales Ltd.

Ontario Court of Appeal

Dubin, Weatherston and Thorson, JJ.A.

April 24, 1984.

Summary:

The plaintiff sued the defendants for damages for wrongful dismissal. The Ontario High Court, in a decision unreported in this series of reports, allowed the plaintiff's action against the defendant Regal Cashway Sales. The court held that the plaintiff was entitled to 12 months' salary and fringe benefits in lieu of reasonable notice. Regal Cashway Sales appealed. The plaintiff cross-appealed (respecting judgment for repayment of a loan by Regal Cashway Sales to him).

The Ontario Court of Appeal allowed the appeal. The court reduced the period of reasonable notice to six months. The court dismissed the cross-appeal.

Master and Servant - Topic 8000

Dismissal without cause - Notice of dismissal - Reasonable notice - What constitutes - The 51 year old plaintiff left his home in Peterborough, where he had his own business, and moved to Mississauga to become vice-president-marketing and merchandising of the defendant's company - He was dismissed after 11 months and returning to Peterborough - He found another job about one year later - The Ontario Court of Appeal held that six months was reasonable notice of termination - See paragraph 3 to 8.

Counsel:

George W. Hately, Q.C., and James P. Dube, for the appellant and cross-respondent.

Patrick Schindler, for the respondent and cross-appellant.

This appeal was heard before Dubin, Weatherston and Thorson, JJ.A., of the Ontario Court of Appeal on February 23, 1984. The decision of the Court of Appeal was delivered by Weatherston, J.A., and released on August 24, 1984.