Barbra H. Miller

The employer brought a motion to stay the employee's counterclaim and refer it to arbitration under a Supplementary Employee Retirement Plan (SERP).

The employee cross-moved for summary judgment, seeking a declaration that certain SERP provisions were unenforceable restrictive covenants and claiming vested SERP entitlements.

The court dismissed the employee's motion for summary judgment, finding genuine issues for trial regarding the enforceability of the SERP's "Detrimental Activity" clause.

The court granted the employer's motion, staying the employee's counterclaim and compelling arbitration as per the SERP's dispute resolution provisions, in line with the public policy favouring arbitration.

The plaintiff brought a motion seeking to strike the defence of two defendants, obtain payment of $13,000 held in trust that had previously been ordered payable to a corporate defendant, and seek personal costs against the defendant’s solicitors.

The corporate defendant had been dissolved prior to earlier court orders but was in receivership, and an affidavit had mistakenly referred to it as being in receivership without mentioning the dissolution.

The court held that under s. 242(1) of the Ontario Business Corporations Act, proceedings against a dissolved corporation may continue and property of the corporation remains available to satisfy orders.

The dissolution did not invalidate earlier court orders or terminate the receivership, and the inadvertent misstatement about receivership did not justify setting aside the prior order.

The trust funds were ordered paid to the receiver and the plaintiff’s motion largely failed except for the uncontested striking of the other defendants’ defence.