The plaintiff, a third-generation owner of a funeral home, sold his shares to the defendant and entered into a 10-year Transitional Consulting Services Agreement (TCSA).
Unhappy differences arose, leading the plaintiff to go on medical leave and claim constructive dismissal.
The court found the defendant's course of conduct, including improper termination of vehicle use, tracking hours, non-payment of commissions, removal of a photograph, and changing locks, amounted to constructive dismissal.
The plaintiff's claims for intentional infliction of mental suffering and discrimination under the Human Rights Code were dismissed.
Damages were awarded for lost salary, vehicle expenses, benefits, golf membership, and commissions.