But this is the quandary I find myself in. The motion/trial judge set the reasonable notice period at twenty-four months. I am hesitant to assume that the judge did not do the task required of her. I turn to the words of our Court of Appeal in Covered Bridge Golf and Country Club v. Schurman, 2009 NBCA 1 at para. 29, … Indeed, the notice of assessment process is far from arbitrary, calling as it does, for the principled exercise of judgment, one that reflects a consideration of all pertinent circumstances. Chief among those are the length of service and the age of the employee as well as the availability of suitable alternative employment, having regard to the employee’s experience, training and qualifications. I feel bound to rely on the determination made by the motions judge.
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