Martyn Siek

The Court of Appeal for Ontario dismissed the appeal of Gavin Bertsch from the Superior Court’s dismissal of his wrongful dismissal action against Datastealth Inc. The court upheld the enforceability of the employment agreement’s termination provision, which limited Bertsch’s entitlements on termination to the minimum requirements under the Employment Standards Act, 2000 (ESA).

The court found the clause to be unambiguous and compliant with the ESA, precluding any claim for common law damages.

Costs of $10,000 were awarded to the respondent.

The Court of Appeal for Ontario dismissed an appeal by DeFi Technologies Inc. against an order awarding Zach Justein and Joseph Weinberg 750,000 share options.

The options were granted by a unanimous board resolution, but later cancelled by management on the grounds that the recipients were not "consultants" under the stock option plan.

The application judge found that the board had the authority to determine eligibility and that the cancellation constituted a breach of contract and an oppression remedy.

The Court of Appeal affirmed that the board's resolution made the respondents eligible, their reasonable expectations were defeated, and the damages calculation was appropriate, noting that the respondents were not required to attempt to exercise options after the agreement's repudiation.

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal of the Township of Guelph Eramosa's decision to approve a Zoning By-law Amendment for a rural industrial facility.

The Tribunal reviewed and approved the parties' draft Procedural Order and scheduled a 12-day video hearing on the merits for February 2023.

A third and final Case Management Conference was held regarding appeals of an official plan amendment, zoning by-law, and plan of subdivision.

The Tribunal confirmed that the hearing will proceed by video, as in-person hearings cannot be accommodated.

The applicant withdrew a request to introduce expert evidence-in-chief exclusively through written statements, resolving the final procedural issue.

The 15-day video hearing will proceed as scheduled.