View cases - Stewart McKelvey

- 32 -The award of bad faith damages in each of these cases was $20,000.00.[70] In this case, it appears that the allegation of dishonest and/or fraudulent conduct wasnot widely circulated. There is no doubt that a number of employees of Capital Pontiac wereinvolved in investigating possible grounds to establish just cause for Mr. Coppola’sdismissal. There is no question that Mr. Stewart warned Mr. Drayton that he should becareful in his dealings with Mr. Coppola because he had misappropriated a vehicle. There isno evidence that Mr. Axelson mentioned the alleged theft of Gertie Mazil’s vehicle to anyprospective employer or that he was ever asked for a reference from any prospectiveemployer. Mr. Coppola was obligated to inform Gertie Mazil of the allegation in order toobtain a statement from her exonerating him of any wrong-doing. Other than that, theallegation was discussed in correspondence between the parties’ solicitors and it wasmentioned in the court pleadings. Mr. Coppola informed his family and siblings about theallegation. He testified that he continually wondered who else was aware of the allegationand whether it would affect his ability to obtain a mortgage brokerage licence. Mr. Coppolaalso found it extremely frustrating that Capital Pontiac did not withdraw the allegation untilafter the examinations for discovery in January of 2004. He also was disappointed in the factthat Mr. Axelson never apologized to him for having made the false allegation in the firstplace.2011 SKQB 318 (CanLII)[71] In the circumstances, I am of the view that Mr. Coppola is entitled to a substantialaward for aggravated damages for mental distress caused by the false allegation of dishonestand/or fraudulent conduct following his wrongful dismissal from Capital Pontiac. I amsatisfied that the mental distress suffered by Mr. Coppola was comparable to that experienced