Malcolm J. MacKillop

The appellant appealed a decision of the motion judge granting summary judgment in favour of the respondents.

The Court of Appeal dismissed the appeal for the reasons given by the motion judge, finding no error in the granting of summary judgment.

Costs of the appeal were fixed at $5,000.

The Court of Appeal issued a costs endorsement based on a consent filed by the parties.

The respondent was ordered to pay trial costs of $97,000 to one appellant, and $250,000 plus GST and disbursements to the other appellants.

The employee was terminated from his position as CFO but agreed to the assignment of his employment contract to an affiliated company within the corporate group.

The trial judge found that the contract was terminated and awarded the employee two years' severance pay.

On appeal, the Court of Appeal held that the trial judge erred in law by concluding the contract was terminated rather than assigned, and by reversing the burden of proof regarding an alleged forbearance agreement.

The appeal was allowed, setting aside the severance award, and the employee's cross-appeal for negligent misrepresentation against the individual defendant was dismissed.