In Pavlov v. The New Zealand and Australian Lamb Company Limited, 2022 ONCA 655, the Court upheld a 10 month notice period for a 47 year old Director of Marketing Communications with just under 3 years service who was making $132,000/year plus bonuses.
The Court also noted that the trial judge had properly taken into account the economic effects of the COVID pandemic in May of 2020, when the Plaintiff was terminated.
On a second issue, the Appellant argued that notwithstanding the parties agreement to use a non roster mediator (my good friend Peter Israel), the Defendant should only be required to pay the $300 roster rate as part of the costs award and leave the winning party responsible for the rest.
The Court rejected that argument and said that this was well within the discretion of the trial judge to have the losing party paid the entire disbursement.
Conflict Note: Winning counsel was my very own eldest son, Matthew Fisher. I never get tired of saying that.
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