Andrew Camman

The defendant brought a motion to quash two summonses to witness issued by the plaintiffs, which sought to examine two of the defendant's lawyers on pending interlocutory motions regarding the sale of jointly owned property.

The court quashed the summonses on three grounds: failure to comply with service requirements under the Rules of Civil Procedure, failure to demonstrate that the lawyers' evidence was relevant and necessary, and abuse of process.

The court found the summonses were issued for ulterior purposes, including gathering evidence for a separate action against the lawyers and attempting to create a conflict of interest to preclude them from acting as counsel.

The plaintiff, a 62-year-old senior vice-president with 37 years of service, was terminated without cause.

On a motion for partial summary judgment, the court awarded a 30-month notice period, finding exceptional circumstances due to his age, tenure, and lack of comparable employment opportunities.

The court also held that the plaintiff was entitled to full bonus payments under the company's Long Term and Short Term Incentive Plans during the notice period, as the forfeiture clauses were not properly communicated, were ambiguous, and violated the Employment Standards Act.

The plaintiff, an inmate and member of the Malvern Crew street gang, was severely beaten by a rival gang member while housed at the Don Jail.

He sued the Crown in negligence for placing him in the same unit as the rival gang member.

The court found that the Crown owed a duty of care and breached it by failing to consider inmate compatibility when applying its numeric balancing policy for housing gang members.

The Crown knew or ought to have known of the severe security threat posed by the rival gang member.

The court found the Crown liable for the assault, but reduced the damages by 15% due to the plaintiff's contributory negligence in failing to request protective custody.