Gannon v. Kinsdale Carriers

Firms involved

Samfiru Tumarkin LLP, Preston Legal c/o Nicholas Preston Professional Corporation

Plaintiff

SHARON GANNON

Law Firm

Samfiru Tumarkin LLP

Lawyer(s)

Fiona Martyn

Defendant

KINSDALE CARRIERS LIMITED

Law Firm

Preston Legal c/o Nicholas Preston Professional Corporation

Lawyer(s)

Nicholas Preston

Facts: Sharon Gannon sued Kinsdale Carriers for wrongful termination following the company's closure due to the COVID-19 pandemic's economic impact. Gannon, employed for over 22 years, sought 22 months of reasonable notice, totaling $31,347.65, less any mitigation income.
Issues/Main Discussion: The case examined whether Gannon had advance notice of closure, her failure to mitigate damages by refusing comparable employment, and the reasonable notice period entitled.
Ruling: The court found Gannon failed to mitigate her damages by rejecting an offer of comparable employment from Zehr Transport. It was determined she was not entitled to reasonable notice damages.
Amount Awarded: Gannon was not entitled to reasonable notice damages due to failure to mitigate. The defendant was entitled to costs, to be agreed upon or submitted within 30 days.

Court

Superior Court of Justice - Ontario

Case Number

CV-21-64

Practice Area

Labour & Employment Law

Amount

Winner

Defendant

Trial Start Date

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