Williamson v. Brandt Tractor

Samfiru Tumarkin LLP successfully argued at the Ontario Court of Appeal (ONCA) that the 17 months of severance pay awarded to our client, William Williamson, should be upheld.

National Practice Leader David Vaughan and Associate Naomi Flanagan outlined why Brandt Tractor didn’t have just cause to terminate Williamson — who also fulfilled his duty to mitigate damages after being wrongfully dismissed.

WATCH: Guide to Wrongful Dismissals

What You Need to Know

• Williamson worked for Brandt Tractor for 18 years. Prior to his termination, the 56-year-old held the position of “salesperson.”
• On Sept. 1, 2021, Brandt Tractor fired Williamson for cause — citing his discipline record and an incident on Aug. 30 involving a dissatisfied customer.
• Following his termination, Williamson took a job driving a “parts vehicle” at a lower pay grade to mitigate damages.
• The Ontario Superior Court of Justice (ONSC) found that Williamson had been wrongfully dismissed — awarding him 17 months of severance pay.
• Brandt Tractor appealed the decision, arguing that the trial judge erred in its conclusion about just cause and properly mitigating damages.

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The Court’s Decision

The ONCA didn’t find any issues with the ONSC’s initial wrongful dismissal ruling and dismissed Brandt Tractor’s appeal.

While $32,881.43 —...

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