Mark Fryer

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.

The applicant filed an Application alleging that the respondent contravened the terms of a settlement reached at mediation by failing to pay ongoing wages.

The Minutes of Settlement provided for a single payment of $20,000, which was paid.

The applicant relied on a Full and Final Release, signed only by her, which referenced the continuation of regular earnings.

The Tribunal found no ambiguity in the Minutes of Settlement and held that the parol evidence rule precluded consideration of extrinsic evidence from the mediation.

The Application was dismissed as there was no contravention of the settlement.