Caitlin Dale

The moving party, a director and disputed shareholder of the defendant corporation, sought leave under s. 246 of the Business Corporations Act to defend an action brought by the plaintiff for unpaid project management fees.

The motion was opposed by the plaintiff and other shareholders of the defendant corporation.

The court dismissed the motion, finding that the moving party failed to establish that he was acting in good faith or that defending the action was in the best interests of the corporation, given the disproportionate costs of litigation, the risks of an increased claim, and the opposition from other stakeholders.

The husband appealed the trial judge's determination regarding the wife's entitlement to compensatory spousal support, the attribution of income for child and spousal support purposes, the set-off of equalization against retroactive support, and the determination not to award limited term support.

The wife had cross-appealed on the basis of fresh evidence but withdrew the cross-appeal during submissions.

The Court of Appeal dismissed the appeal, upholding the trial judge's findings on all issues.

The plaintiff, a 72-year-old security guard, was terminated after 12 years of service.

The employer provided a letter stating employment would end in a few months but gave no firm date, and the plaintiff continued working for seven months before being abruptly fired without statutory entitlements.

The plaintiff mitigated his damages by finding new employment and brought a motion for summary judgment.

The court found the initial notice was insufficient as it lacked a firm date and the employment continued beyond the 13-week regulatory period.

The court awarded damages for breach of contract and additional damages for mental distress due to the employer's unfair conduct.