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The Court of Appeal upheld an award of restoration costs and aggravated damages for the conversion of a unique vintage Corvette.
The Court of Appeal for Ontario dismissed the appeal of Steve Konarski from a judgment holding him liable for conversion and detinue after he took and stripped a vintage Corvette belonging to the Kew estate.
The court upheld the trial judge’s decision to award damages on a restoration basis, rather than market value at the date of conversion, due to the unique and sentimental value of the vehicle.
The court also upheld aggravated damages for the estate’s emotional harm and rejected arguments that the damages were disproportionate or contrary to public policy.
Employer must exercise discretion fairly and reasonably when awarding bonuses to terminated portfolio managers.
The appellants, former portfolio managers, appealed a trial decision dismissing their claim for over $1.3 million in performance fees and a discretionary bonus from their former employer.
The Court of Appeal upheld the trial judge's finding that the appellants were not contractually entitled to performance fees directly from the respondent, as their entitlement was structured through a side agreement with a lead portfolio manager.
However, the Court found the trial judge erred in precluding the appellants from arguing their entitlement to a discretionary bonus, as this claim was sufficiently pleaded.
The Court awarded each appellant $115,000 for the discretionary bonus, determining that the employer's discretion in awarding bonuses was not exercised fairly and reasonably given the fund's exceptional performance and bonuses paid to similarly situated employees.
The Court of Appeal upheld the trial judge's imputation of income and business valuation, citing the appellant's deliberate underemployment and non-disclosure.
The appellant husband appealed an order for spousal and child support and equalization of property.
The appeal focused on the imputation of income to the appellant under s. 19 of the Federal Child Support Guidelines and the valuation of his business, VAMS Canada Inc. The Court of Appeal dismissed the appeal, finding no reversible error in the trial judge's credibility assessment, income imputation based on the respondent's expert evidence and the appellant's lack of disclosure, or the valuation of the business, including the treatment of shareholder loans and the use of different valuation methodologies.
The court dismissed a family arbitration appeal regarding child registry, transfer facilitators, and costs.
The appellant appealed a series of arbitration awards concerning parenting issues for the parties' four-year-old child, E. The awards included E's registration on the Korean Family Registry, the requirement to hire a transfer facilitator for child exchanges, and the arbitrator's costs decision.
The court also addressed preliminary motions for fresh evidence.
The appeal was dismissed in its entirety, with the court upholding the arbitrator's decisions, finding no palpable and overriding errors of fact or errors in principle.
The fresh evidence motions were largely dismissed, applying the Palmer test, due to issues of hearsay, reliability, and statutory prohibition.
