Michael S. Stitz

The plaintiff brought a summary judgment motion seeking damages for an unpaid 2016 fiscal bonus, bad faith, and punitive damages following the termination of his employment.

The plaintiff argued the bonus plan was objective and non-discretionary, while the defendant employer maintained it was discretionary and subject to board approval.

The court dismissed the motion, finding that material facts were in dispute regarding the nature of the bonus plan, alleged performance issues, and bad faith.

The court concluded that a fair and just determination required a full evidentiary record with viva voce evidence and credibility assessments at trial.

Following a successful summary judgment motion for wrongful dismissal, the plaintiff sought substantial indemnity costs.

The defendant argued for partial indemnity costs and relied on an all-inclusive offer to settle.

The court found the defendant's offer to settle was not more favourable than the judgment when statutory amounts and allocations were considered.

The court declined to award substantial indemnity costs, finding no bad faith or proffering of false evidence by the defendant.

Costs were fixed at $40,000 on a partial indemnity scale.