Law360 Canada ( March 24, 2025, 1:32 PM EDT) -- Appeal by Kirke against summary trial decision regarding damages owed to him by Spartan Controls Ltd. (Spartan) for failure to provide reasonable notice of termination; cross-appeal by Spartan from finding that company's shareholder profit sharing (SHPS) payments were a form of employment compensation potentially payable as wrongful dismissal damages. Kirke worked for Spartan from 1997 to 2022 and participated in the company’s SHPS program, which allowed employees to purchase shares and receive annual payments based on company profits. The unanimous shareholder agreement (USA) governing the SHPS program gave Spartan the right to require employees to sell back their shares at any time with 90 days’ notice. The trial judge found the SHPS payments were employment compensation but that s. 2.6 of the USA unambiguously allowed Spartan to limit Kirke's entitlement by triggering a 90-day share buyback notice. Kirke argued the SHPS payments were compensation and that the USA did not clearly limit his common law rights, while Spartan argued the payments were an investment return rather than compensation. Applying the principle from Hamilton v. Open Window Bakery, the judge limited Kirke's damages for lost SHPS payments to 90 days. Spartan cross-appealed on the basis the summary trial judge erred in finding the SHPS payments were a form of employment compensation potentially payable during the reasonable notice period as wrongful dismissal damages....