Bradley E. Berg

The defendants brought a motion for summary judgment to dismiss the plaintiff's action for breach of confidentiality and fiduciary duty.

The individual defendant, a former president of the plaintiff, was terminated without cause and signed a severance agreement with a one-year confidentiality clause.

During that year, he interviewed with and accepted a job from the corporate defendant, a competitor.

The plaintiff alleged he shared confidential information, including his resume and advice to another terminated employee.

The court found no actionable breach of confidentiality or fiduciary duty, concluding there was no genuine issue for trial.

The motion for summary judgment was granted and the action dismissed.

The plaintiff sought approval of a $17.5 million settlement with the remaining defendants in a class action regarding a charitable tax scheme.

The court approved the settlement as fair and reasonable, noting the significant risks of further litigation, including enforcement issues in Bermuda.

The court also approved class counsel's 33% contingency fee of $5,829,427.20 plus HST, and a $50,000 honorarium for the representative plaintiff, who made extraordinary efforts and financial sacrifices.

A costs request by third parties was dismissed.

The applicant landlord brought an application for a declaration that the respondent tenant's option to terminate its commercial lease had expired before it was exercised.

The dispute centered on the correct 'Commencement Date' of the lease, which dictated the termination window.

The landlord relied on a registered notice of lease stating the date was October 27, 2005, while the tenant argued the lease terms dictated November 14, 2005.

The court held that the lease's express language established November 14, 2005 as the Commencement Date, and the erroneous notice of lease did not amend the contract.

The court also rejected the landlord's equitable estoppel argument, noting the landlord had actual notice of the lease terms prior to purchasing the property.

The tenant's notice of termination was deemed effective.

The plaintiff brought a motion to certify a class action against the promoters, lawyers, and other entities involved in a charitable donation tax shelter scheme called the Donations for Canada Gift Program.

The Canada Revenue Agency had disallowed the charitable tax credits claimed by the participants, finding they lacked donative intent.

The defendants brought motions for summary judgment.

The court certified the action as a class proceeding, finding that the pleadings disclosed causes of action in negligence, negligent misrepresentation, fraud, conspiracy, breach of contract, and unjust enrichment.

The court dismissed the defendants' motions for summary judgment, concluding that a trial was required to fully appreciate the evidence and resolve the complex factual issues, including whether the contracts were vitiated by fraud.