Court of Appeal for Ontario
MCMURTRY C.J.O., JURIANSZ and ROULEAU JJ.A.
BETWEEN:
BRIAN WADSWORTH
Appellant/Plaintiff
and
RBC DOMINION SECURITIES INC. and MATTHEW VAREY
Respondents (Defendants)
Counsel:
Brian Wadsworth in person
Matthew P. Sammon for the respondents
Heard and released orally: May 3, 2007
On appeal from the order of Justice L.M. Walters of the Superior Court of Justice dated October 6, 2006
ENDORSEMENT
1In our view, the motion judge was correct that the limitation period barred all the plaintiff’s claims respecting changes to the compensation structure. Before us, the appellant drew a distinction between trailer fees received by the firm in the first quarter of 2000 and those it may have received after his departure. He asserts that it was not apparent, until he received his final cheque in April 2000, that trailer fees earned by him and received by the respondent in the first quarter of 2000 before his departure were not paid. This cheque was to cover the fees earned in the first quarter of 2000. A claim for such fees is encompassed by the broad wording of paragraph 26 of the statement of claim. The respondent, in support of its motion for summary judgment, did not file any evidence that all the compensation due to the appellant had been paid to him.
2The limitation period did not apply to the limited claim for those trailer fees earned by the appellant that were received by the respondent in the first quarter of 2000 before the appellant’s departure. To that extent, the appeal is allowed and only against RBC. The appeal is dismissed in all other respects for the reasons given by the motion judge.
3In view of the divided success, there will be no order as to costs.
“R. McMurtry A.C.J.O.”
“R. Juriansz J.A.”
“Paul Rouleau J.A.”