Kevin Marshall

The appellant appealed from a partial summary judgment order in which the respondents obtained declarations that the appellant was not entitled to commissions or any increased compensation for changes in his employment.

The appellant had been employed as Business Development Manager from May 2014 until his termination in January 2016.

The appellant objected to the partial summary judgment procedure and argued he had inadequate time to advance his case.

The Court of Appeal upheld the motion judge's decision, finding no error in granting partial summary judgment and rejecting the appellant's late attempt to raise the doctrine of quantum meruit on appeal.

The defendants brought a motion for summary judgment seeking declarations that the plaintiff was not contractually or legally entitled to commissions or increased compensation as alleged in his statement of claim, arising from an oral employment contract.

Following a mini-trial, the court assessed the credibility of the plaintiff and the defendant's president, applying principles for establishing oral contracts.

The court found that the plaintiff failed to prove a consensus on the alleged contractual terms beyond the agreed-upon salary and vehicle allowance, noting inconsistencies in his evidence and the absence of supporting documentation.

The motion for summary judgment was granted, declaring the plaintiff was not entitled to the claimed commissions or increased compensation.

The plaintiff brought an undefended action against her former employer and its manager for wrongful dismissal, sexual assault, battery, and harassment.

The manager repeatedly sexually assaulted and harassed the plaintiff, who was a vulnerable single mother.

Following the assaults, the plaintiff was terminated without cause in a harsh and vindictive manner.

The court found the manager liable for battery, breach of fiduciary duty, and human rights violations, and held the corporate employer vicariously liable.

The court awarded substantial general, aggravated, and punitive damages, as well as damages for wrongful dismissal and a Family Law Act claim for the plaintiff's daughter.