Michele Ballagh

The appellant sought costs following a trial and appeal.

Based on a settlement offer dated March 13, 2002, the appellant was entitled to partial indemnity costs up to the date of the offer and substantial indemnity costs thereafter.

The Court of Appeal fixed the appellant's costs at trial at $60,000 inclusive of disbursements and GST, noting that the requested fees exceeded trial counsel's actual billable rate.

The appellant accepted a commissioned sales position with the respondent and resigned from his previous job.

After starting work, he was required to sign a 'Solicitor's Agreement' that severely restricted his entitlement to commissions.

The appellant later resigned and sued for unpaid commissions.

The trial judge dismissed the claim, finding the agreement enforceable.

The Court of Appeal allowed the appeal, holding that the Solicitor's Agreement was an amendment to the employment contract and was unenforceable for lack of consideration, as the employer did not provide anything of value, such as increased job security, in exchange for the employee signing it.

The appellant was awarded his unpaid commissions.