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Successful appeal of a Wallace Damages Award: Mulvihill v. The Corporation of the City of Ottawa

Date Closed

March 25, 2008

Value

43.00 Million CAD

On March 25, 2008 the City of Ottawa was successful in its appeal of a judgement awarding a former employee Wallace Damages in a wrongful dismissal action. The City successfully appealed the award of 5.5 months in Wallace Damages (awarded in addition to 4.5 months of contractual notice) as well as the award of costs of the trial to the plaintiff. The City also resisted the cross-appeal to have contractual notice set aside in favour of eight months’ reasonable notice at common law.

McCarthy Tétrault LLP advised the City of Ottawa with a team led by Thomas Conway and Helen Gray.