Appeal from a preliminary arbitral award in a dispute arising from a lawyer's departure from a law firm and the transfer of numerous former client files.
The appellant argued that solicitor undertakings and contingency fee agreements, rather than the departure clause in the respondent's employment agreement, should govern the firm's entitlement to fees.
The court held that the undertakings were rejected and, in any event, merged into the settlement agreement, and that the respondent remained an employee when he left the firm.
The arbitrator made no reviewable legal error in concluding that the employment agreement departure clause governed the fee split issue.
The appeal was dismissed.