Josephine L. Comegna

The plaintiff employer brought an action alleging breach of contract, breach of fiduciary duty, negligent misrepresentation, and intentional interference with economic relations against a former senior executive.

After the defendant’s statement of defence was struck and the defendant was noted in default, the matter proceeded as an uncontested trial where the plaintiff sought liquidated damages including repayment of salary and benefits, costs related to employees hired on the defendant’s recommendation, interest on a business loan obtained based on the defendant’s advice, and unpaid client invoices.

The court found the defendant had engaged in serious misconduct, including falsifying records and impersonating the company’s president, which could justify dismissal for cause.

However, the court held that an employer cannot recover all compensation paid to an employee merely because the employee’s performance was dishonest or deficient.

The plaintiff failed to establish entitlement to the claimed liquidated damages and the action for those damages was dismissed.

The applicant in a human rights proceeding alleging sexual harassment and disability discrimination requested interim orders for document production and extensions of time.

The Tribunal ordered the organizational respondent to transcribe the illegible handwritten notes of its investigator at its own cost, finding that the purpose of pre-hearing disclosure would be defeated if documents relied upon were illegible.

The Tribunal also granted the applicant's requests for extensions of time to file medical records and other documents, finding no prejudice to the respondents.

The applicant's request for production of jurisprudence referred to by the investigator was denied as speculative.