Christopher Eugene Kim

The plaintiff, a former General Manager, brought an anti-SLAPP motion under s. 137.1 of the Courts of Justice Act to dismiss the defendant employer's counterclaim for damages related to alleged misconduct and breach of contract.

The court found that the plaintiff's statements in his statement of claim, which formed the basis of the motion, did not relate to a matter of public interest, as the dispute was purely private.

Although the counterclaim was found to arise from the plaintiff's expression, the court determined that the public interest in allowing the counterclaim to proceed outweighed the public interest in protecting the expression, given the private nature of the dispute and the substantial merit of the counterclaim.

The motion was dismissed.

The plaintiff, a former Director of Sustainability, brought a motion for summary judgment against his former employer for wrongful dismissal.

The central dispute concerned the enforceability of the termination clause in the employment agreement and stock option agreements, and the appropriate common law notice period.

The court found the termination clause unenforceable because it purported to deny all payments, including statutory minimums, for "just cause" dismissal, which is a broader standard than the "wilful misconduct" exception under the Employment Standards Act, 2000.

The court awarded the plaintiff six months' common law notice, 10% of his base salary for benefits in lieu of notice, and vacation pay on bonuses and severance pay.

The claim for a further discretionary bonus was dismissed.

The issue of compensation for post-termination stock options was directed to an expedited trial due to unresolved credibility issues.