In the case of Lynch v. Avaya Canada Corporation dated October 23, 2023, the appellant, Avaya Canada Corporation, had terminated the employment of the respondent, John Lynch, a professional engineer, in March 2021 due to a company restructuring after his longstanding service since May 1982. Lynch had sued for wrongful dismissal when they couldn't reach a settlement. In response to Lynch's wrongful dismissal claim, both parties had agreed to seek summary judgment. The motion judge had ruled in favor of Lynch, awarding a 30-month notice period and finding that Lynch had adequately mitigated his damages. Avaya had appealed the decision, arguing that the judge had erred in three ways: by awarding a longer notice period than initially claimed, by misapplying relevant factors in determining the reasonable notice period, and by concluding that Lynch had properly mitigated his damages. Ultimately, the appeal had been dismissed, upholding the motion judge's ruling. Mr. Lynch had been awarded $20,000, including disbursements and taxes, as costs of the appeal.