Laurel D. Hogg

An appeal from a trial judgment in which the trial judge found that an employee, who held the position of Assistant Vice President of Campus Services and Building Operations, had misappropriated nearly one million dollars from York University through various fraudulent schemes between 2007 and 2009.

The employee was terminated without cause and paid a severance package of $696,166 with mutual releases after vehemently denying any wrongdoing.

York subsequently discovered the full extent of the misconduct and sued to rescind the severance agreement and recover the stolen funds.

The trial judge found that the employee had fraudulently misrepresented his innocence and that the claim was not barred by the limitations period.

The appeal was dismissed.

Sapient Canada Inc. appealed a trial judgment awarding damages to Atos (successor to Siemens) for wrongful termination of a subcontract involving data conversion and application management support services for an Enbridge software implementation project.

Sapient sought to reduce damages from $6,291,680 to $1,510,738.89, arguing the trial judge erred in: (1) failing to apply the minimum performance principle from Hamilton v. Open Window Bakery Ltd.; (2) misinterpreting the termination for convenience formula; and (3) misinterpreting a limitation of liability clause.

The Court of Appeal found the trial judge erred in failing to apply the minimum performance principle to data conversion services damages, reducing the award by $1,344,275 to $4,947,405.

The court upheld the trial judge's interpretation of the termination for convenience formula and the limitation of liability clause.

Costs were remitted to the trial judge for reconsideration.

The appellant appealed a Divisional Court decision upholding a Deputy Judge's order for pre-trial inspection of an iPhone in a products liability case.

The appellant alleged the iPhone overheated and caused severe burns to his arm.

The central issue was whether Deputy Judges of the Small Claims Court have jurisdiction to order pre-trial inspection of property.

The Court of Appeal affirmed that such jurisdiction exists under the Rules of the Small Claims Court where trial fairness and the interests of justice require it, and that the jurisdiction was properly exercised in this case.

The applicant, an Indigenous person, sought an urgent interim and interlocutory injunction to restrain the broadcast and display of the Cleveland Indians' team name and 'Chief Wahoo' logo during the American League Championship Series in Toronto, pending human rights complaints.

The court found there was a serious issue to be tried regarding whether the name and logo constituted discrimination in the provision of a service.

However, the court dismissed the application because the applicant failed to establish irreparable harm, noting the delay in bringing the application, and found the balance of convenience favoured the respondents due to the material prejudice of last-minute broadcast and uniform changes.