David Alan Whitten

The appellant, Mounir Nader, appealed the dismissal of his claim for damages related to the early termination of his secondment agreement with Ontario Health and University Health Network (UHN).

He sought payment for the remaining term of the secondment, 12 months' severance, and a discretionary annual performance-based bonus.

The Court of Appeal upheld the motion judge's finding that the secondment agreement was not an employment agreement and that the appellant was only entitled to 12 months' severance under his employment agreement, not additional payment for the secondment term.

However, the Court found the motion judge erred in denying the performance-based bonus, concluding it was an integral part of compensation and should be awarded for the severance period.

Farah Rahman appealed a summary judgment dismissing her wrongful dismissal action.

The motion judge had found her employment contracts' termination provisions valid under the ESA and that only one entity, CDAI, was her employer.

The Court of Appeal allowed the appeal, finding that the "just cause" termination provision in the employment contract violated the ESA by allowing termination without notice for conduct less than "wilful misconduct," rendering all termination provisions void.

The Court also found that the motion judge made palpable and overriding errors in determining the employer, concluding that the corporate respondents were common employers due to their high level of integration and control over Ms. Rahman.

The case was remitted to the Superior Court for damages quantification.

The appellant appealed a trial judgment awarding damages for wrongful termination of a promotional contract.

The trial judge found that the contract required the respondent to promote the appellant's product, not serve as a brand ambassador, and that the morals clause was not violated by the private transmission of nude photographs within an intimate relationship, particularly where the act occurred before the contract was executed.

The trial judge awarded $162,500 in damages representing outstanding periodic payments over the four-year contract term.

The appeal was dismissed.