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Locate the 2017 Ontario Divisional Court decision in Thambapillai v. Labrash Security Services Ltd. The plaintiff sued Labrash for wrongful dismissal arising from the termination
Locate the 2017 Ontario Divisional Court decision in Thambapillai v. Labrash Security Services Ltd. The plaintiff sued Labrash for wrongful dismissal arising from the termination of his employment as a security guard at a Cascades Tissue plant where he had worked since 2000. Which of the following statements best reflects the reasons for the Court's decision? Select one: O a. The motion judge made a palpable and overriding error by finding that Labrash acted in bad faith. This led him into error respecting his legal conclusion about the plaintiff's entitlement to damages for mental distress. Consequently, the appeal court granted the appeal with respect to damages for mental distress and set aside the award of $7,500 in damages. O b. The motion judge made the following factual errors: finding the plaintiff had limited English, and finding that the plaintiff had no idea when he would be let go. Based on these errors of fact, the decision to award damages could no longer stand and the appeal was allowed. O c. The plaintiff found other employment as a security guard earning the same compensation. Since he had completely mitigated his losses, no award of damages was justified and the appeal was allowed. O d. The motion judge erred in law because he refused to permit viva voce evidence. This refusal to hear the entire respondent's case warranted that the judgment be overturned
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