Ontario Salesperson’s 17-Month Severance Upheld on Appeal

Samfiru Tumarkin LLP successfully defended an Ontario salesperson’s right to severance based on 17 months’ pay after his former employer appealed his wrongful dismissal win.

William Williamson was 56 when Brandt Tractor fired him after 18 years of service. The company said it had cause to dismiss him without severance. He challenged that decision and won — but his employer took the fight to the Ontario Court of Appeal.

David Vaughan and Naomi Flanagan represented Williamson on the appeal. The court upheld his severance entitlement, while reducing the amount payable to account for income from his new job.

The Employer Tried To Overturn His Win

Brandt argued that the first judge had made mistakes when deciding Williamson’s case. Its appeal raised three main points:

• It said the firing was justified. The company argued that Williamson’s past discipline and the final customer incident gave it grounds to fire him for cause.
• It challenged his efforts to find similar work. Williamson had taken a driving job rather than looking for another comparable sales position.
• It wanted his new earnings deducted. The first judge had left those earnings out of the calculation because his new job paid less and was a lower-level role.

The Customer Complaint Did Not Justify Firing Him Without Severance

The customer complaint was central to Brandt’s argument. The company relied on it as the final incident that, together with Williamson’s disciplinary history, justified his dismissal.

But there was a problem with its proof: the employer had not provided evidence from the customer that the court could rely on to establish what happened.

The first judge found that Brandt had not proven its case for firing Williamson without notice. The Court of Appeal found no reason to overturn that conclusion.

His New Job Raised Two Different Questions

Brandt also argued that Williamson had not done enough to find similar work. He acknowledged that he had not looked for a comparable sales job.

However, the company still had to show that he would have found comparable work if he had made reasonable efforts. Brandt did not prove that. Its argument for reducing his compensation on that basis failed.

The money Williamson actually earned in his driving job was a different matter. The appeal court found that those earnings had to be subtracted, even though the new role paid less.

That meant $32,881.43 was deducted from his wrongful dismissal award. The 17-month notice period remained in place.

Our Team Protected His Severance Entitlement On Appeal

David Vaughan and Naomi Flanagan successfully defended the finding that Williamson had been wrongfully dismissed. Although Brandt won the deduction for his new earnings, it failed to overturn his right to compensation of 17 months’ pay.

Read the full court decision: Williamson v. Brandt Tractor Inc., 2026 ONCA 272.

What This Means For You

• Being told you were fired “for cause” does not settle your severance rights. Your employer must be able to support its position. Get advice before accepting that you are owed nothing.
• A long career deserves a careful severance review. Your age, years of service, position and prospects of finding similar work can affect your severance pay in Ontario.
• Your job search matters. Make reasonable efforts to find comparable work and keep records of applications and interviews. Our team can explain your responsibilities after losing your job.
• A new job can affect the amount you recover. Have a lawyer review how this applies to your situation.

A Lesson For Employers

Get advice before deciding that misconduct justifies firing someone without severance. A disciplinary history and a customer complaint still need evidence to support them. Our employment lawyers can help assess the facts and the risks before a dismissal or appeal.

Another Ontario success: Read how our team helped an Ontario salesperson secure an award of more than $182,000.

Another win against Brandt Tractor: Our team also secured and defended more than $50,000 for a mother who lost her job during maternity leave.

Fired For Cause After Years With Your Employer?

Do not assume that your employer’s explanation means you have no right to severance. After a long career, there may be a substantial amount at stake.

Our Ontario employment lawyers can review the reasons for your dismissal, explain what you may be owed and help you decide what to do next.

Many severance disputes can be resolved without going to court. When an employer fights a claim or appeals a decision, Williamson’s case shows how our team can continue protecting an employee’s rights.

Contact Samfiru Tumarkin LLP for help with your wrongful dismissal in Ontario.