Maureen M. Quinlan

The appellant, Mounir Nader, appealed the dismissal of his claim for damages related to the early termination of his secondment agreement with Ontario Health and University Health Network (UHN).

He sought payment for the remaining term of the secondment, 12 months' severance, and a discretionary annual performance-based bonus.

The Court of Appeal upheld the motion judge's finding that the secondment agreement was not an employment agreement and that the appellant was only entitled to 12 months' severance under his employment agreement, not additional payment for the secondment term.

However, the Court found the motion judge erred in denying the performance-based bonus, concluding it was an integral part of compensation and should be awarded for the severance period.

The applicant municipality brought a motion for civil contempt against the respondent, a former mayor, for breaching a prior court order by disclosing confidential information during public town hall meetings.

The court found that the respondent had indeed breached the order by revealing personal information of employees from a confidential binder, and that the breach was intentional as per the legal test for civil contempt.

However, the court exercised its discretion to decline a formal finding of contempt, considering factors such as the respondent's honest belief (a mistake of law without contumacious intent), reliance on legal advice, the context of political discourse during an election campaign, the cessation of the conduct post-election, and the fundamental importance of freedom of expression.

The motion for contempt was dismissed, with each party bearing its own costs.

The plaintiff vendor sued its real estate broker and agent for overpaid commissions on the sale of a commercial property.

The defendants brought a motion for summary judgment to dismiss the action, arguing they were entitled to the full commission under the listing agreement.

The court found that the agent had orally agreed to reduce the commission for a second, higher-priced offer, but later reneged.

The court also noted the agent breached his fiduciary duty by advising the plaintiff to accept an offer that yielded a higher commission for the agent but a lower net return for the plaintiff.

The defendants' motion was dismissed, and summary judgment was granted in favour of the plaintiff for the overpaid commission of $77,970.