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ARTICLE · 08 DECEMBER 2023

A "Truly Exceptional" Wrongful Dismissal

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In a recent blog, we wrote about Milwid v. IBM Canada Ltd., 2023 ONSC 490 (CanLII), where the Superior Court of Justice...

CanadaEmployment and HR
Maya Kotob
Maya Kotob
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In a recent blog, we wrote about Milwid v. IBM Canada Ltd., 2023 ONSC 490 (CanLII), where the Superior Court of Justice determined that there is no "cap" on reasonable notice damages in the termination of a long-term employee, and held that an employee of IBM Canada was entitled to 27 months of notice and damages for the value of Restricted Stock Units (RSUs) that would have vested during the notice period.

IBM Canada Ltd. appealed the Superior Court of Justice's decision to the Court of Appeal for Ontario on the grounds that (i) the motion judge erred in finding that there were exceptional circumstances that would justify fixing the reasonable notice period at more than 24 months, and (ii) the motion judge erred in finding that the respondent was entitled to damages for the value of the RSUs that would have vested within the reasonable notice period.

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