Elizabeth Creelman

The appellant, Mounir Nader, appealed the dismissal of his claim for damages related to the early termination of his secondment agreement with Ontario Health and University Health Network (UHN).

He sought payment for the remaining term of the secondment, 12 months' severance, and a discretionary annual performance-based bonus.

The Court of Appeal upheld the motion judge's finding that the secondment agreement was not an employment agreement and that the appellant was only entitled to 12 months' severance under his employment agreement, not additional payment for the secondment term.

However, the Court found the motion judge erred in denying the performance-based bonus, concluding it was an integral part of compensation and should be awarded for the severance period.

The plaintiff was employed by the defendant hospital network and subsequently seconded to a provincial health agency.

The secondment was terminated early, and the plaintiff's employment was terminated without cause.

The plaintiff brought a motion for summary judgment, arguing the secondment agreement was a fixed-term employment contract entitling him to compensation for the balance of the term, plus 12 months' severance under his original employment agreement.

The court dismissed this claim, finding the secondment agreement was not an employment contract and the plaintiff remained an employee of the hospital network subject to the 12-month termination provision.

The court awarded the plaintiff a $5,000 health care spending account but dismissed his claim for a performance bonus.