Barbra Miller

The plaintiff, a former consultant and minority shareholder of Kela Medical Inc., brought an action for oppression, breach of contract, and breach of the duty of good faith against the corporation and its principals.

The plaintiff claimed he was entitled to a 33% stake in the proceeds of the sale of a related company, KAI, based on a 2013 compensation agreement.

The court dismissed the action, finding that the 2013 Agreement was a one-year contract that expired before the conditions for the plaintiff's claimed benefits were met.

The court also found no oppressive conduct or misrepresentations by the defendants.

Furthermore, the court held that the plaintiff's claims were statute-barred under the Limitations Act, 2002, as he knew or ought to have known the material facts giving rise to his claims when he resigned in 2014, more than two years before commencing the proceeding.

The plaintiff, a senior vice president at a mezzanine financing company, was terminated without cause after nearly four years of employment.

He brought an action for wrongful dismissal, seeking damages in lieu of notice, including lost bonus income and stock options.

The court dismissed the claim for stock options as they were not exercisable at the date of termination, and rejected the employer's argument that the plaintiff failed to mitigate his damages.

The court calculated the plaintiff's lost bonus income using a historical average and, applying the Bardal factors, awarded a 12-month notice period, resulting in a net damages award of $272,047.86.