What is the applicable notice period for a plaintiff in his claim for aggravated damages?

British Columbia, Canada


The following excerpt is from Coutts v. Brian Jessel Autosports Inc. et al., 2004 BCSC 617 (CanLII):

The following issues arise from these facts: 1. On what date did the plaintiff receive actual notice of termination of his employment? 2. What amount of working notice and salary in lieu of notice is the plaintiff entitled to? 3. What is the salary level upon which the assessment of the appropriate notice period should be based? 4. Is the plaintiff entitled to extended notice on the basis of Wallace v. United Grain Growers, 1997 CanLII 332 (SCC), [1997] 3 S.C.R. 701 for aggravated damages? 5. Has the plaintiff failed to mitigate his damages and if so then by what date does the claim to damages expire on account of his failure to mitigate? 6. Is the plaintiff entitled to further remuneration for three commissions identified by him? On what date did the plaintiff receive actual notice of termination of his employment?

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