Prem Lobo

The plaintiff, an investment banker, sued his former employer for wrongful dismissal and unpaid compensation.

The employer counterclaimed, alleging the plaintiff breached non-competition and non-solicitation clauses by joining a competitor.

The court found that the parties entered into two successive binding employment contracts.

The court made specific findings on how the plaintiff's variable compensation should be calculated under the second contract.

The court awarded the plaintiff $10,000 in punitive damages because the employer improperly withheld amounts admittedly owed to him.

The employer's counterclaim was dismissed in its entirety, as the restrictive covenants were found to be overly broad, unreasonable, and unenforceable.

The plaintiff, a food and beverage operator, sued the defendant hotel for unlawful and bad faith termination of their commercial leases and service agreements.

The hotel terminated the agreements during the COVID-19 pandemic, alleging unpaid rent and other breaches, while secretly negotiating with a replacement operator.

The court found the termination was unlawful and in bad faith, as the hotel wrongfully withheld deposits, owed the plaintiff money, and unreasonably refused to assist with a government rent subsidy application.

The court awarded the plaintiff reliance damages for its capital investments and employee termination costs, less a set-off for the hotel's proven counterclaim.

The representative plaintiff brought a class action against the defendants for charging illegal fees and imposing expiry dates on prepaid payment cards, alleging violations of the Consumer Protection Act, 2002 and O. Reg. 17/05.

The court found that the defendants' Single Load Prepaid (SLP) cards were 'open loop gift cards' subject to the legislation, while their General Purpose Reloadable (GPR) cards were exempt as financial products.

The court granted summary judgment for the SLP cardholders, awarding $15,330,000 in aggregate damages for unlawful fees and seized balances, plus $1,500,000 in punitive damages for the defendants' intentional disregard of consumer protection laws.

The plaintiff landlord sued the defendant tenant for damages after the tenant repudiated a commercial lease with eight years remaining.

The repudiation forced the plaintiff to sell the property, as it could not afford the carrying costs without the rental income and re-letting was unfeasible.

The defendants admitted liability but argued the plaintiff suffered no damages because the property was sold at fair market value.

The court rejected this argument, finding the forced sale was not at fair market value and did not compensate the plaintiff for the lost income stream and capital appreciation.

The court accepted the plaintiff's discounted cash flow analysis to quantify damages, using the 2015 appraised fair market value to account for foreseeable lost capital appreciation, and assuming reasonable mitigation through a hypothetical investment in a REIT basket.