C. M. Smith

The court determined costs for four motions previously heard in the proceeding.

The plaintiff was ordered to pay costs to the defendant Jain on a partial indemnity basis for a motion to admit further evidence, and on a substantial indemnity basis for motions regarding a Mareva injunction and Norwich order due to the plaintiff's reprehensible conduct, including making and withdrawing unfounded allegations of fraud.

The plaintiff was also ordered to pay full indemnity costs to the defendant Wang for a mortgage validity motion, pursuant to the standard charge terms of the mortgage.

The plaintiff, a former owner and vice-president of the defendant company, was terminated without cause 11 months into a three-year fixed-term employment agreement.

He brought a motion for summary judgment for wrongful dismissal.

The court found the termination clause in the employment agreement violated the Employment Standards Act, 2000 by providing a lower standard for 'cause' than the statutory standard for willful misconduct, rendering the entire termination provision void.

The court awarded the plaintiff the balance of his fixed-term contract, totaling 23 months' salary plus benefits, and held that he had no duty to mitigate his damages.