Barry Joshua Goldman

Fabiene Evans, a chartered accountant and institutional equity salesperson, was constructively dismissed by Paradigm Capital Inc. after being offered a significantly altered role with reduced responsibilities and uncertain compensation following her breast cancer diagnosis and return to work.

The court found that Evans was not obligated to accept the revised role as mitigation due to its ill-defined nature, uncertain compensation, and the potential for humiliation and loss of dignity.

The court set the reasonable notice period at 11 months and awarded damages for lost salary, performance bonuses, and shareholder bonuses during this period.

The plaintiff's claim for bad faith in the historical calculation of bonuses was rejected, as the employer's compensation process was found to be fair and reasonable.

A commissioned sales employee sued his employer alleging negligence after management failed to renew a federal National Standing Offer that enabled sales to a major customer, causing a temporary loss of commissions.

The court considered whether an employer owes a tort duty of care to an employee to maintain profitability or preserve sales opportunities that generate commission income.

The court held that the employment contract did not guarantee sales levels and the employer’s administrative oversight in failing to renew the standing offer did not create a recognized duty of care in tort.

Even if such a duty existed, the plaintiff failed to prove damages because he produced no tax records or reliable evidence of actual income loss during the relevant period.

The claim for lost commissions was therefore dismissed.