Cindy Zhang

The respondent, having successfully defended an appeal, sought costs of $17,818.44.

The appellant did not dispute the entitlement to costs but argued the quantum was excessive, noting he would have sought only $9,152.95 had he been successful.

The Court of Appeal agreed the requested amount was high given there was no oral hearing, and fixed the costs payable to the respondent at $9,000 inclusive of disbursements and HST.

The appellant, an independent agent for the respondent financial services company, appealed the dismissal of his application for an order requiring the respondent to pay service commissions.

The respondent had changed its policy to make service commissions dependent on new sales performance.

The Court of Appeal found no palpable and overriding error in the application judge's conclusion that the contract permitted the respondent to modify pay arrangements and impose minimum performance standards upon notice.

The appeal was dismissed.

The applicant, an independent financial advisor, brought an application to recover service commissions withheld by the respondent company.

The respondent had implemented a new policy making the payment of service commissions dependent on new sales performance.

The court interpreted the Financial Security Advisor Contract between the parties and found that, although service commissions were not explicitly listed in the compensation schedule, they were contemplated by the contract.

The court held that the clear and unambiguous wording of the contract allowed the respondent to modify or withdraw any established pay arrangement, including service commissions, for failure to meet minimum performance standards.

The application was dismissed.