James Glen Knight

The appellants brought a motion to set aside, amend, or vary the Court of Appeal's previous order regarding trial costs, arguing procedural unfairness, inconsistency with costs principles, and insufficient reasons.

The motion was brought under rules 59.06(1) and (2)(d) of the Rules of Civil Procedure.

The court dismissed the motion, finding that the relief sought was not available under rule 59.06, as it was an attempt to reargue issues already adjudicated.

The court clarified that challenges to discretionary orders, procedural fairness, or adequacy of reasons are typically grounds for seeking leave to appeal to the Supreme Court of Canada.

The court also addressed and dismissed belated arguments regarding the order settlement procedure under rule 59.04 and the inapplicability of rule 37.14.

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.