Paquette v. TeraGo Networks Inc., 2016 ONCA
618
An employee in Ontario was awarded bonus payments for the
applicable reasonable notice period following a without cause
termination despite the bonus plan's express terms that
personal and company objectives must be met and the employee must
be actively employed.
Paquette was terminated without just cause from his employment
as Director, Billing and Operations Support Services for TeraGo
Networks Inc. He had been employed with TeraGo for approximately 14
years and he was 49 years old at the time of his dismissal. There
was no contract of employment governing his notice period so the
trial judge determined that 17 months would be the applicable
period pursuant to the common law. Paquette was awarded damages for
his salary and benefits for that time, but the trial judge
concluded that Paquette would not be entitled to bonus payments
that would become due during the notice period because he would not
be actively
