The Court of Appeal for Ontario heard an appeal and cross-appeal stemming from a wrongful dismissal judgment.
The appellant, Davide Giacomodonato, appealed the damages award, contending the trial judge erred by applying the second employment contract instead of the first.
The court dismissed his appeal, affirming the trial judge's finding of fresh consideration for the second contract, including a $40,000 payment and additional vacation time.
The respondents, PearTree Securities Inc. and PearTree Financial Services Ltd., cross-appealed the costs award.
Their motion for leave to appeal costs was dismissed, as the court found no error in principle in the trial judge's discretionary costs award, which was justified by the respondents' litigation conduct.
