The appellant employer appealed a summary judgment decision awarding a former executive unpaid vacation pay, deferred bonuses, and the value of lost stock options.
The employer argued the motion judge erred in granting the relief, in finding that issue estoppel barred its just cause defence, and in determining the matter via summary judgment.
The Court of Appeal dismissed the appeal, finding no error in the motion judge's assessment of the evidence or his conclusion that the just cause defence was barred by issue estoppel following the earlier dismissal of the employer's counterclaim under section 137.1 of the Courts of Justice Act.
