Matthew John Ronald Chapman

The plaintiff, a former Vice-President of Sales, sued her former employer for unpaid commissions following her resignation.

The employer argued that a revised 2021 commission policy applied to her and barred her entitlement to commissions after resigning.

The court found that the plaintiff's original 2020 employment agreement locked in her commission structure for three years and could only be modified in writing, which did not occur.

Resolving ambiguities in the contract language in the plaintiff's favor, the court held that she was entitled to commissions for deals invoiced before her final day of work.

The appellant developer appealed the dismissal of its application to enforce a restrictive covenant limiting the size of ancillary buildings on a lot purchased by the respondents.

The covenant expired before the appeal was heard.

The Court of Appeal dismissed the appeal on the merits as moot, finding no community interests or public importance to justify hearing it.

However, the Court granted leave to appeal costs, finding the application judge erred in awarding substantial indemnity costs to the respondents based on their offer to settle under Rule 49.10(7).

The costs award below was reduced to $20,000.