Barry Goldman

The employee appealed a summary judgment order dismissing his misrepresentation claim against his former employer based on the expiry of the limitation period.

The Court of Appeal allowed the appeal, finding that the motion judge's conclusion that there may not have been a definitive decision to breach the contract until 2007 applied equally to the misrepresentation claim.

Therefore, the discoverability of the falsity of the recruitment representation was a triable issue.

The plaintiff sued the defendants for wrongful dismissal and negligent misrepresentation regarding the value of shares he would acquire upon employment.

The defendants sought to stay the action, arguing the dispute should be referred to arbitration pursuant to a shareholders' agreement and the International Commercial Arbitration Act.

The application judge refused the stay.

The Court of Appeal dismissed the appeal, finding that the dispute was not 'commercial' in nature and did not arise out of a 'transaction' as defined in the shareholders' agreement, thus falling outside the scope of the arbitration clause.