Earlier this year, the Newfoundland and Labrador Court of Appeal
unanimously upheld the decision of the Trial Division in Evans
v Avalon Ford Sales (1996) Limited. The trial decision was
discussed
in an earlier publication.
The case involved a wrongful dismissal claim by Mr. Evans
("Evans") who was Fleet Manager at the Avalon Ford auto
dealership (the "Dealership") for more than 12 years.
Based on the facts, as summarized in our previous publication, the
trial judge found that while Evans' resigned from the
Dealership, the resignation was neither voluntary nor
unequivocal. Accordingly he was entitled to damages based on
12 months' pay in lieu of notice. The trial judge determined
that Evans' damages must be assessed based on the earnings that
were reasonably expected on alternative employment with the
Dealership during the notice period, since Evans did not want to
continue with the additional duties of his Fleet Manager position.
Evans was also entitled to
