The appellant appealed a summary judgment decision that denied his claim for a bonus payment following his termination.
The motion judge had found that the appellant had no contractual entitlement to a bonus, as the bonus plan was purely discretionary and subjective.
The Divisional Court upheld the motion judge's findings, concluding that the employment offer only provided eligibility to participate in the bonus plan, not an entitlement.
The court also found no palpable and overriding error in the motion judge's alternative calculation of the bonus quantum or the costs award.
The appeal was dismissed.