The Court of Appeal upheld a partial summary judgment dismissing an employee's claim for commissions and declined to hear a new quantum meruit argument.
The appellant appealed from a partial summary judgment order in which the respondents obtained declarations that the appellant was not entitled to commissions or any increased compensation for changes in his employment.
The appellant had been employed as Business Development Manager from May 2014 until his termination in January 2016.
The appellant objected to the partial summary judgment procedure and argued he had inadequate time to advance his case.
The Court of Appeal upheld the motion judge's decision, finding no error in granting partial summary judgment and rejecting the appellant's late attempt to raise the doctrine of quantum meruit on appeal.
Alireza Jamshidi v. Dependable Mechanical Systems Inc. et al., 2019 ONCA 923
