Kelly Brennan

The appellant, a Senior Financial Advisor employed by CIBC, appealed a motion judge's decision striking portions of his Fresh as Amended Statement of Claim alleging defamation, libel, and negligence against CIBC and CIBC Securities.

The motion judge found that the alleged defamatory statements were not contained in the documents referenced, or alternatively, were not published by the respondents.

The Microsoft Teams chat could not constitute publication for defamation purposes.

The Court of Appeal upheld the motion judge's decision, finding no error in the analysis of the documents and dismissing the appeal with costs awarded to the respondents.

Two employees of Canadian Imperial Bank of Commerce (CIBC) employed as Mobile Investment Consultants were terminated without cause due to a restructuring.

They sued for wrongful dismissal, claiming entitlement to damages in lieu of reasonable notice under common law.

The central issue was whether the termination provision in their employment contracts was enforceable or violated the Canada Labour Code.

The court found the termination provision unenforceable because the "For Cause" provision defined cause more broadly than the statutory definition of "just cause" under the Canada Labour Code, and the "Without Cause" provision's language permitting termination "at any time" was contrary to the statutory framework.

The court determined reasonable notice periods of seven months for one plaintiff and twelve months for the other, and awarded damages for salary, commissions, bonuses, and benefits during those periods.

The court considered a motion to strike all claims against Patricia France, the former President of St. Clair College, in an action by Waseem Habash for breach of contract, defamation, injurious falsehood, and related torts.

The court partially granted the motion, striking only the claim for intentional interference with contractual and/or economic relations, but granted leave to amend the claim for inducing breach of contract.

The court found that the pleadings for defamation and injurious falsehood were sufficient to proceed, as was the claim for inducing breach of contract (subject to amendment), and that there was an arguable basis for personal liability against Ms. France.

The court considered a motion by the plaintiffs to extend the time to set their action down for trial under Rule 48.14(5) of the Rules of Civil Procedure.

The plaintiffs, alleging wrongful dismissal and related claims, faced delays due to both parties’ conduct, changes in counsel, and the COVID-19 pandemic.

The court found the plaintiffs provided an acceptable explanation for the delay, much of which was attributable to inadvertence and file management issues at counsel’s firm, and that the defendants would not suffer non-compensable prejudice if the action proceeded.

The court granted the extension and imposed a timetable for the remaining steps.