In Gent v. Askanda Business Services Ltd., 2025 BCSC 1278 Justice Marzari found that whereas he normally would have assigned a very long notice period because the Plaintiff had formed an intention to retire at 65 ( which was 6 months from his termination) his damages would only be for 6 months. This is even though the Judge found the Plaintiff had not expressed that desire to his employer. This is what he said :
[76] However, I must also consider Mr. Gent’s evidence that he had firm plans to retire when he turned 65, even though he had not expressed those plans specifically to Mr. Hollands. Mr. Gent testified to his reasons for having those plans, including that he was the primary caregiver for three young children, that he had moved to Langley, and that he needed to wait until he was 65 before he could qualify for CPP and OAS. He gave this testimony, in part, to support his evidence that he was not subjectively intending to retire during his conversation with Mr. Hollands in May 2020.
[77] Had Mr. Gent been less firm about his intended retirement date in his evidence, I would likely have awarded him a significant notice period. However, I do not consider that Askanda should be required to pay damages in lieu of notice after March 1, 2022, when Mr. Gent no longer intended to work or to be looking for work.
[78] Mr. Gent is entitled to be put in the same position he would have been if Askanda had not wrongfully dismissed him, and he had been given appropriate notice before the termination of his employment. However, he is not entitled to be put in a better position. This is the rare case where Mr. Gent, who had a firm intention to retire when he turned 65, and relied upon the firmness of that intention to establish that it was not his intention to retire at 63 when he discussed retirement with his employer. I find on Mr. Gent’s own evidence that he would not have worked beyond March 1, 2022, even had he been given the opportunity.
If you like a copy of this case, email me at barry@barryfisher.ca
If you like to book a mediatio, go to my online calendar at www.barryfisher.ca
For access to the Wrongful Dismissal Database, go to www.wddonline.ca