Who is Kevin Marshall?

Kevin Marshall is an Ontario lawyer with 3 court cases on record from 2015 to 2019.

What courts has Kevin Marshall appeared in?

Kevin Marshall has appeared in Superior Court of Justice, Court of Appeal, with most appearances at the Superior Court of Justice.

How many cases has Kevin Marshall handled?

Kevin Marshall has 3 cases on record from 2015 to 2019.

What judges has Kevin Marshall appeared before?

Kevin Marshall has most frequently appeared before Justice Anne M. Mullins, Justice Michael H. Tulloch, Justice Sarah E. Pepall.

Kevin Marshall

3 total

Alireza Jamshidi v. Dependable Mechanical Systems Inc. et al., 2019 ONCA 923

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.

OCANov 22, 2019

Applicant Counsel

Jamshidi v. Dependable Mechanical Systems Inc., 2018 ONSC 7101

The court granted summary judgment dismissing the plaintiff's claims for unpaid commissions under an oral employment contract.

The defendants brought a motion for summary judgment seeking declarations that the plaintiff was not contractually or legally entitled to commissions or increased compensation as alleged in his statement of claim, arising from an oral employment contract.

Following a mini-trial, the court assessed the credibility of the plaintiff and the defendant's president, applying principles for establishing oral contracts.

The court found that the plaintiff failed to prove a consensus on the alleged contractual terms beyond the agreed-upon salary and vehicle allowance, noting inconsistencies in his evidence and the absence of supporting documentation.

The motion for summary judgment was granted, declaring the plaintiff was not entitled to the claimed commissions or increased compensation.

SCJNov 29, 2018

Respondent Counsel

Silvera v. Olympia Jewellery Corporation, 2015 ONSC 3760

Employer and manager found liable for workplace sexual assaults, harassment, and vindictive wrongful dismissal.

The plaintiff brought an undefended action against her former employer and its manager for wrongful dismissal, sexual assault, battery, and harassment.

The manager repeatedly sexually assaulted and harassed the plaintiff, who was a vulnerable single mother.

Following the assaults, the plaintiff was terminated without cause in a harsh and vindictive manner.

The court found the manager liable for battery, breach of fiduciary duty, and human rights violations, and held the corporate employer vicariously liable.

The court awarded substantial general, aggravated, and punitive damages, as well as damages for wrongful dismissal and a Family Law Act claim for the plaintiff's daughter.

Applicant Counsel