In Khatib v GoEasy Ltd, 2026 ONSC 3513, the Ontario Superior Court adopted a novel approach to wrongful dismissal damages by awarding compensation for equity-based incentives that would not have fully vested until after the reasonable notice period. This departs from the established judicial approach in Ontario, which has limited damages for wrongful dismissal to compensation that would have been earned and payable during the reasonable notice period.
The plaintiff was employed by GoEasy Ltd. as a Senior Vice-President for approximately 3.5 years. In addition to his base salary, he participated in the employer’s Short-Term Incentive Plan (“STIP”) and its Long-Term Incentive Plan (“LTIP”). The LTIP provided two types of grants: Restricted Stock Units (“RSUs”) and Share Options (“SOs”).
At trial, the plaintiff sought damages based on a 12-month notice period, relying in part on his allegation that GoEasy had induced him to leave secure employment. He also claimed wrongful dismissal damages for lost benefits, STIP and LTIP entitlements, as well as bad faith, punitive and moral damages.
GoEasy denied any inducement and argued that the appropriate common law notice period was six months. GoEasy took the position that both the plaintiff’s STIP and LTIP entitlements ceased at the end of the plaintiff’s active employment. The STIP plan stated that STIP compensation would not be earned by a participant “who is terminated or resigns from employment” before the prescribed payout...
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