Brandon Lewis

The plaintiff, a 54-year-old investment advisor with 24 years of service, was dismissed without cause.

During discovery, the defendant learned the plaintiff had copied confidential client emails to a personal USB key and alleged after-acquired cause.

The court found the misconduct was a lapse in judgment that did not warrant dismissal.

The court awarded a 24-month notice period and damages for lost commissions.

However, the court dismissed the plaintiff's claims for damages for the lost opportunity to sell her book of business, finding she failed to prove she would have retired and sold it during the notice period, and dismissed her claim for bad faith damages.

The plaintiff, a personal services corporation, entered into sales and management agreements with the defendant, a U.S. corporation, to manage its Canadian subsidiary.

The plaintiff's compensation was based on the subsidiary's net profit, calculated in accordance with U.S. GAAP.

The plaintiff sued for breach of contract, alleging the defendant improperly allocated corporate overhead costs to the Canadian subsidiary, thereby artificially reducing the net profit and the plaintiff's compensation.

The court dismissed the action, finding the plaintiff failed to prove on a balance of probabilities that the defendant's allocation of corporate overhead costs was not in accordance with U.S. GAAP.

The court also dismissed additional claims for unpaid invoices and wrongful termination due to lack of evidence.