Andrew Pinto

The respondent was employed by the appellant, a commercial real estate company, from 2001-2004 and again from 2009-2017, serving as Managing Director.

Upon termination without cause on January 19, 2017, the respondent received statutory minimums under the Employment Standards Act but no bonus compensation.

The respondent sued for wrongful dismissal, claiming damages for reasonable notice, benefits during the notice period, and lost bonus compensation.

The motion judge found the termination clause unenforceable as it contracted out of employment standards without providing greater benefits.

The Court of Appeal upheld this finding and confirmed the respondent's entitlement to bonus damages for both the period worked and the notice period, as well as benefits compensation.

The plaintiff sought costs following a successful summary judgment motion in a wrongful dismissal action.

The court had previously awarded the plaintiff eight months' notice and a pro-rated bonus, totaling $106,883.02.

The plaintiff requested costs of $71,701.63 on a mixed partial and substantial indemnity basis, relying on a Rule 49 offer to settle.

The defendant argued the requested costs were excessive and disproportionate, suggesting $20,000.

The court, applying Rule 57.01 factors and the principle of proportionality, found the plaintiff's counsel's time spent disproportionate to the case's complexity, despite the plaintiff's success and a favourable offer to settle.

The court fixed the plaintiff's costs at $35,000 plus HST and disbursements.

The plaintiff brought a motion for summary judgment in a wrongful dismissal action.

The core issue was the enforceability of a termination clause that the plaintiff argued contracted out of the Employment Standards Act (ESA) by failing to explicitly provide for severance and benefit continuation.

The court found the termination clause unenforceable because it potentially provided less than the ESA minimums.

The plaintiff was awarded 8 months' reasonable notice at common law and compensation for lost bonuses during the notice period, as the bonuses were found to be an integral, non-discretionary part of his compensation.

The claim for lost benefits was dismissed due to a lack of evidence of actual loss.