2 total
The court dismissed the plaintiff's multi-million dollar claims for breach of a software distribution agreement, finding no breach, copying, or misrepresentation.
This action concerned a Distribution Agreement between MJL Enterprises Inc. (plaintiff) and SAL Marketing Inc. (defendant) for MJL's software, iSTAR.
The plaintiff sought damages for alleged breach of contract, including failure to market the software, non-payment of invoices for development work, and copying of software features.
The defendant maintained it was a standard distribution agreement, the software was not marketable, invoices were not properly approved per the contract, and no copying occurred.
The court found no breach of the Distribution Agreement by the defendant, that the invoices were not issued in compliance with the contract, and that there was no evidence of software copying, misrepresentation, fraudulent misrepresentation, or breach of confidence.
All claims for damages were dismissed.
Employer discriminated by terminating employee for performance issues that were symptomatic of his known mental health disability.
The applicant, a financial analyst, alleged that his employment was terminated because of his disability (depression and anxiety) and age.
The respondent claimed the termination was solely due to performance issues and compensation, and that the decision-maker was unaware of the applicant's disability.
The Tribunal found that the applicant's disability caused or contributed to the performance concerns (lack of initiative, failure to work collaboratively) relied upon for his termination.
The Tribunal also found it was more probable than not that the respondent knew about the disability prior to termination, as the applicant had placed a memo detailing his condition in his personnel file.
The Tribunal concluded the termination was discriminatory based on disability, but dismissed the age discrimination claim.
The hearing was bifurcated, with remedy to be determined separately.
