The applicant, a former Senior Vice-President of OLG, sought declarations that OLG breached a retirement contract by failing to pay him additional compensation.
The contract stipulated pre-retirement obligations, including identifying and training a successor and transferring the Compliance department.
The court found that OLG's actions, specifically delaying the approval of a successor and preventing the transfer of the Compliance department, thwarted the applicant's ability to fulfill his contractual duties.
The court determined that the contract did not impose an "all or nothing" condition for payment and that OLG induced the applicant's breach of the terms.
Therefore, the application was granted, and the applicant is to be paid as though he fulfilled all contractual terms.
