M. Spence

The defendants were successful on a motion to strike the plaintiff's statement of claim in its entirety, with leave to amend.

The defendants sought costs of $41,979.61, relying on an offer to settle that would have allowed the plaintiff to amend his claim.

The self-represented plaintiff argued he was impecunious and that success was divided.

The court found the defendants were overwhelmingly successful and that the plaintiff's impecuniosity did not shield him from a costs award, though it was a factor in reducing the quantum.

Costs were fixed at $15,000 payable by the plaintiff.

A consulting company sued a corporate client for breach of a professional services agreement following termination of the consulting engagement.

The consultant claimed unpaid compensation, bonuses, equity participation, and damages for bad faith termination.

The court held that the written agreement contained the entire agreement and did not support claims for equity or performance bonuses due to absence or uncertainty of terms.

The court found the consultant committed misconduct, including breach of confidentiality and unauthorized personal use of company equipment, justifying termination for cause.

However, the termination clause required payment of a fixed severance amount regardless of cause, and the defendant's counterclaim for damages was dismissed for lack of proof.