Frank B. Portman

The plaintiffs were successful in obtaining an interlocutory injunction enforcing restrictive covenants related to the purchase of a dental practice.

In this costs decision, the plaintiffs sought partial or substantial indemnity costs.

The respondent argued costs should be deferred to the arbitrator who would hear the underlying damages claim.

The court held it was appropriate to determine costs now, as the injunction motion effectively determined the respondent's ability to practice dentistry and the court had already reviewed the voluminous materials.

The court rejected the request for substantial indemnity costs and fixed costs at $60,000 inclusive of disbursements and HST.

The plaintiff brought a motion for summary judgment for wrongful dismissal after being terminated from a three-year fixed-term employment contract.

The employment agreement was negotiated alongside a share purchase agreement.

The court found that the 'just cause' termination provision violated the Employment Standards Act, 2000, rendering the entire termination clause void, despite the commercial context and the parties' sophistication.

The plaintiff was awarded the balance of the fixed-term contract (approximately 20 months) without a duty to mitigate, plus 10% for benefits, less CERB payments received.