Joseph Morrison

This is a costs decision following a successful summary judgment motion in an employment contract dispute.

The plaintiff, Bill Roberts, was awarded $672,452.96.

Roberts sought substantial indemnity costs of $110,309.25, arguing the defendant's defence was unreasonable.

The defendant, Zoomermedia Limited, contended for reduced partial indemnity costs, citing the plaintiff's initial claim versus recovery ratio and alleged "over-lawyering." The court denied substantial indemnity costs, finding no basis for a punitive award.

However, it awarded Roberts partial indemnity costs of $80,000, all-inclusive, recognizing him as the successful party despite the reduction from his original claim, and acknowledging some overlapping or redundant work by counsel.

The plaintiff brought a summary judgment motion seeking damages for breach of an employment agreement after his employment was terminated by a successor employer.

The defendant argued that the written agreement had been displaced by a common law employment relationship, limiting the plaintiff to common law notice.

The court found that while a common law relationship governed after the fixed-term contract expired, it did not discharge the defendant's obligations to pay the severance and sabbatical entitlements promised under the original agreement.

The court granted summary judgment for the contractual entitlements but dismissed the claims for bad faith and punitive damages.