The trial judge found that the provisions of the plans dealing with the employee’s rights on termination were “virtually identical”: Kieran v. Ingram Micro Inc., [2001] O.J. No. 4318 (S.C.), at para. 60. He held that “the language in the plans in the instant case clearly contemplates a termination made ‘unlawful’ by no, or too little, notice and provides that in determining the date of termination, any continuing compensation or salary in lieu of notice is to be disregarded”: at para. 66.
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