2023 ONSC 1324
- John Teljeur, General Manager of Pinestone Resort, was terminated without cause on December 6, 2021.
- The court awarded:
- 7 months’ reasonable notice based on his senior role, age (56), and difficulty finding new employment.
- 10% of compensation for lost fringe benefits.
- Reimbursement of expenses: $16,680.03.
- $15,000 in moral damages due to bad faith, including failure to provide written notice, delayed ESA payments, misleading severance promises, and withholding owed expenses.
- No reduction for failure to mitigate as the defendants failed to prove alternate employment was available.
- Total damages awarded: Approx. $78,000 (excluding interest).
2025 ONSC 703 (Costs Ruling)
- Teljeur sought $26,718 in legal costs (substantial indemnity); the defendants argued for $11,713 (partial indemnity).
- The court found the defendants' conduct egregious, justifying substantial indemnity costs, citing:
- Breach of ESA obligations, including delayed payments.
- Failure to reimburse expenses despite acknowledging the debt.
- Misleading severance commitments.
- The court reduced costs to $24,000, deducting $600 for an inadmissible affidavit and $1,000 for a second hearing day.
Final Outcome
- Total awarded to Teljeur:
- Damages: $78,000
- Legal costs: $24,000
- Final compensation: Approx. $102,000 (before interest).
