Courtroom Victory: Secured Performance-Based Bonus

Courtroom Victory: Secured Performance-Based Bonus


Bonus entitlement of 25% of the 12-month salary awarded for wrongful dismissal case. David Whitten, founding partner of Whitten & Lublin and Jason Jagpal, Sr Associate of Whitten & Lublin, obtained for their client, Mounir Nader his bonus.


Mounir Nader, the plaintiff, was employed by the University Health Network (UHN) and had been seconded to Ontario Health. When UHN terminated his employment prematurely, Nader sought damages, including the remainder of the Secondment Agreement, 12 months’ severance per his Employment Agreement, and a discretionary annual performance-based bonus he regularly received.

UHN argued the Secondment Agreement was not an employment agreement and that severance covered the termination terms. They also contested the bonus claim, citing insufficient evidence.

Case Details

The court focused on three key issues:

  1. Whether the Secondment Agreement was an employment agreement.
  2. Nader’s severance entitlement under the Employment Agreement.
  3. Entitlement to the discretionary performance-based bonus.

Initially, the motion judge sided with UHN, granting only the 12 months’ severance and denying the bonus claim. On appeal, Whitten and Jagpal successfully argued that the bonus was a significant part of Nader’s compensation and had been consistently paid in prior years.


The appellate court awarded Nader the performance-based bonus, recognizing it as part of his compensation. This amounted to 25% of the 12 months’ severance salary. However, the court upheld the initial ruling on the severance terms, providing no additional compensation beyond the 12 months’ severance.


This case highlights the importance of detailed employment agreements and the expertise of seasoned employment lawyers. David Whitten and Jason Jagpal ensured Nader received his rightful compensation, including the performance-based bonus.

How Can Individuals Contact Whitten & Lublin Regarding Wrongful Dismissal?

Facing wrongful dismissal case can be stressful. Whitten & Lublin’s experienced employment lawyers can help you navigate your legal options and secure the compensation you deserve. Contact us for a consultation online or by phone at (416) 640-2667 today.