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.