Supreme Court of Nova Scotia
Citation: Clarke v. Halifax Herald Ltd., 2017 NSSC 337
Date: 20171128
Docket: Hfx No. 440009
Registry: Halifax
Between:
Calvin Clarke
Plaintiff
v.
The Halifax Herald Limited
Defendant
Library Heading
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Judge: |
The Honourable Justice Suzanne M. Hood |
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Heard: |
November 8, 9, 17, 2017 in Halifax, Nova Scotia |
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Oral Decision: |
November 28, 2017 |
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Written Release of Oral Decision: |
January 11, 2018
|
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Subject: |
Constructive dismissal; mitigation. |
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Summary: |
Calvin Clarke claims he was constructively dismissed from The Halifax Herald. |
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Issues: |
(1) Was Calvin Clarke constructively dismissed? (2) If so, did he fail to mitigate? (3) If constructively dismissed, what is the appropriate notice period? (4) What are the damages? |
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Result: |
Calvin Clarke was constructively dismissed and did not fail to mitigate his damages. Notice period is 16 months and damages calculated based on average income over the three year period prior to Calvin Clarke’s constructive dismissal. |
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