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).