Connie Reeve

The appellant appealed a trial judgment dismissing his claim for constructive dismissal and finding him liable for competing with his former employer using confidential information.

The Court of Appeal found no palpable and overriding error in the trial judge's conclusion that the appellant's transfer to a new position did not constitute a material change or constructive dismissal.

The Court also upheld the finding of liability for breach of duty regarding confidential information.

The appeal was dismissed with costs.

The appellant appealed a summary judgment enforcing a settlement agreement.

The Court of Appeal found no basis to interfere with the motion judge's conclusion that all essential terms of the 'clean break' scenario were settled by June 16, 2003.

The appeal was dismissed with costs fixed at $10,000.

The respondent was employed by the appellant for 16 years under a series of one-year contracts.

When her employment was terminated without cause, the appellant offered only the minimum statutory notice, arguing she was on a fixed-term contract or, alternatively, that the contract limited her to statutory notice.

The trial judge found she was an indefinite-term employee entitled to reasonable notice, set at 16 months but reduced to 12 months for failure to mitigate.

The Court of Appeal dismissed the employer's appeal and the employee's cross-appeal, holding that the contract lacked the unequivocal language required to establish a fixed term or to rebut the common law presumption of reasonable notice.

The appellant appealed a decision regarding the interpretation of a contract, specifically concerning the absence of a cost cap relating to a retirement under clause 8(b).

The Court of Appeal dismissed the appeal, agreeing with the lower court's interpretation and noting that such a retirement was entirely within the appellant's control.