Background: Gerald Ferweda, the plaintiff, was employed by Mercer Celgar Limited Partnership ("Celgar"), the defendant, from April 23, 2018, to September 22, 2020. Celgar terminated Ferweda’s employment without cause, and he sought a longer notice period than the five months' salary in lieu of notice he had been paid. Gerald Ferweda, a chemical engineer, had worked in pulp mills for most of his career. He was induced to leave his long-term employment at Catalyst Paper Corporation to join Celgar. Despite finding the offer initially unattractive, he accepted a second, improved offer.

Issues

• Inducement: The court determined whether Celgar had induced Ferweda to leave his secure job at Catalyst.
• Reasonable Notice: The appropriate notice period for Ferweda was in question. The court considered Ferweda’s age, job availability, and the fact that he was induced to leave a long-term position.
• Failure to Mitigate Loss: The court examined if Ferweda failed to take reasonable steps to find comparable employment post-termination.
• Compensation for Medical Expenses: Ferweda sought reimbursement for medical expenses that would have been covered under his employee benefits.

Held: Justice Tammen found that Ferweda was induced by Celgar to leave Catalyst and awarded him a 12-month notice period. Celgar failed to prove that Ferweda did not mitigate his loss. The court dismissed the claim for medical expenses due to insufficient evidence.

Costs/Damages Awarded: Ferweda was awarded his costs of the proceeding at Scale B. Financial terms were not specified.