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Summary judgment dismissing an unpaid salary claim was set aside due to anticipatory breach issues.
The plaintiff, an employee of Darwin Productions Inc., claimed unpaid salary and a percentage ownership interest based on an alleged employment agreement.
The respondents denied the terms and moved for summary judgment on the basis that the claim was statute-barred.
The motion judge granted the summary judgment, finding no evidence of a demand obligation and concluding the cause of action arose by December 2009.
The intervenor law firm appealed, arguing the motion judge erred by failing to address anticipatory breach of contract and by finding sufficient evidence to decide factual issues on summary judgment.
The Court of Appeal allowed the appeal, finding the motion judge erred in law by not addressing the anticipatory breach argument and that there was a genuine issue requiring trial regarding the terms of the employment agreement.
