Lyndsay Elizabeth Hone

This is an appeal from a trial judgment finding the plaintiff, Cassandra Amerato, was wrongly dismissed.

The employer, TST-CF Solutions LP, appealed, arguing the trial judge misapprehended evidence regarding termination and erred in damage calculation.

Ms. Amerato cross-appealed for lost vacation pay.

The Court of Appeal dismissed the employer's appeal, upholding the finding of termination and the damage calculation method.

The court allowed Ms. Amerato's cross-appeal, finding the trial judge misunderstood evidence regarding vacation pay entitlement under the Canada Labour Code, and awarded the claimed amount.

The defendants brought a motion for leave to appeal the order of MacNeil J. dated January 19, 2022.

The Divisional Court dismissed the motion for leave to appeal and ordered the moving parties to pay costs fixed at $3,613.74.

The plaintiff, a 16-year employee on long-term disability, was advised her employment was terminated due to corporate restructuring and offered a demoted position at a lower salary.

She accepted the new position to mitigate her damages and sued for wrongful dismissal.

On a motion for summary judgment, the court found she was wrongfully dismissed and awarded 18 months' notice based on her pre-termination salary.

The court held that the employer was not entitled to deduct the long-term disability benefits from the damages award because the plaintiff had contributed to the insurance premiums.

Claims for bad faith and discrimination damages were dismissed.

The applicant, Panagiota Aggelakos, sought the appointment of The Canada Trust Company as Guardian of Property for her incapable parents, Nikolaos and Kostadina Aggelakos, due to the respondent, Ioannis Aggelakos's, persistent non-cooperation and failure to abide by a prior settlement agreement.

The respondent, co-attorney with the applicant, opposed the appointment, arguing it was against his parents' wishes and that he intended to cooperate.

The court found that the respondent's lack of cooperation, including failure to open a joint bank account for two years, resulting in significant lost interest income, and his submission of unsworn and late material, created an injustice for the incapable parents.

The court varied the prior settlement and ordered the appointment of The Canada Trust Company as Guardian of Property for both parents.

Appeal from a summary judgment enforcing personal guarantees against the appellants in connection with an equipment lease agreement.

The appellants, who signed personal guarantees relating to Altavision Plus Inc.'s obligations under a 2009 equipment lease with Maxium Financial Services Inc., challenged the motion judge's decision on four grounds: (1) misinterpretation of the governing law clause; (2) failure to recognize a defence based on Maxium's failure to claim insurance coverage; (3) loss of standing due to assignment of receivables to Sun Life; and (4) unreasonableness of the costs award.

The Court of Appeal dismissed all grounds of appeal and upheld the summary judgment.