Dwayne Kinkead

The plaintiff brought an action for wrongful dismissal against four family-owned corporate defendants, claiming they were common employers.

The defendants argued the plaintiff was an independent contractor and, alternatively, was dismissed for cause due to absenteeism.

The court found the plaintiff was an employee, not an independent contractor, and that his dismissal was a retaliatory response to his questioning of the family business management, not for cause.

The court applied the common employer doctrine, holding all four corporate defendants jointly and severally liable.

The plaintiff was awarded damages representing a 22-month reasonable notice period, less the 6.5 months already paid, totaling $119,860.

The plaintiffs brought a reference to determine damages after the defendants breached an agreement of purchase and sale for a residential property.

The court found the property was unique to the plaintiffs given their specific criteria and the rising real estate market.

Applying the principles from Semelhago, the court assessed damages based on the difference in appreciation between the breached property and a substitute property the plaintiffs subsequently purchased.

The plaintiffs were awarded $150,000 in additional damages, plus thrown-away expenses and substantial indemnity costs due to the defendants' egregious conduct.

The plaintiffs sought summary judgment for breach of an Agreement of Purchase and Sale (APS) after the defendants repudiated the contract, alleging the vendor lacked mental capacity and that a Power of Attorney (POA) had been revoked.

The court found the APS to be a binding agreement, rejecting the defendants' claims of POA revocation and lack of capacity due to insufficient evidence.

The defence regarding spousal consent was also dismissed.

Partial judgment was granted to the plaintiffs for undisputed legal costs, with a reference ordered to determine additional damages.