2 total
Appeal allowed in part to award unpaid salary and bonuses; termination for cause upheld.
The appellants, a software developer and his company, appealed the dismissal of their counterclaim for wrongful dismissal and unpaid compensation against the respondent trading company.
The trial judge had found the developer was terminated for just cause due to sabotage and competition, and rejected claims for commissions, salary, and bonuses.
The Court of Appeal upheld the dismissal of the commissions claim and the finding of just cause, but allowed the appeal regarding unpaid salary and declared bonuses, finding the respondent had no right to withhold them.
The Court also reduced the trial costs award, noting a defendant is not entitled to substantial indemnity costs merely for beating its own offer to settle.
Appeal dismissed; order enforcing US District Court's Letter of Request for discovery in antitrust litigation upheld.
The appellant appealed an order enforcing a Letter of Request (LOR) from a US District Court seeking document production and examination of representatives in relation to a US antitrust class action.
The appellant argued the application judge failed to exercise independent discretion and merely accepted the LOR at face value.
The Court of Appeal dismissed the appeal, finding the application judge properly applied the Friction Division Products criteria, sought clarification from the US judge, and correctly concluded that the requested information was relevant, necessary, and not otherwise obtainable.
