Arlen Sternberg

The plaintiff, a senior executive employed for approximately 14 months, sought damages for unpaid compensation allegedly owed under an employment agreement, including a relocation payment, termination pay, a retention bonus, and an annual incentive program payment.

The court interpreted the relocation clause using the contractual interpretation principles articulated in Sattva and held the plaintiff had not moved his primary residence to Toronto, as he maintained his family home and tax residency in the United States while commuting.

The court also rejected arguments that termination and bonus provisions were void for potential violations of the Employment Standards Act, finding no actual or possible statutory breach in the circumstances.

Because the plaintiff had mitigated his losses and was not actively employed on the relevant payout dates, he was not entitled to the claimed payments.

All claims were dismissed.

The plaintiff appealed a Master's refusal ruling made during examinations for discovery in a wrongful dismissal action involving a senior trading employee.

The appeal challenged the Master's refusal to compel answers to certain discovery questions and requests for document production, including historical trading records, settlement negotiation materials, metadata, bonus pool information, and board approval materials for a deferred payment plan.

Applying the proportionality principles under the Rules of Civil Procedure, the court held that the requested production would be disproportionate or irrelevant and that the Master made no palpable or overriding error.

The court emphasized deference to Masters on discovery matters and reaffirmed that proportionality governs the scope of discovery.

The appeal was dismissed.