DATE: 20030613

DOCKET: C35395

COURT OF APPEAL FOR ONTARIO

RE: QUANTUM INFORMATION RESOURCES LIMITED (Plaintiff (Appellant)) – and – SHERMAN ADAMS (Defendant (Respondent))

BEFORE: ABELLA, MOLDAVER, FELDMAN JJ.A.

COUNSEL: Joseph Maggisano, for the appellant

John E. F. Gibson, for the respondent

HEARD: June 11, 2003

RELEASED ORALLY: June 11, 2003

On appeal from the judgment of Justice Paisley dated November 3, 2000.

E N D O R S E M E N T

[1] On this record, Justice Paisley was entitled to find that the appellant repudiated the employment contract and was therefore not entitled to the amount claimed for repayment of the promissory note.

[2] However, in our view, he erred in awarding damages to the employee on what, in effect, was a “lost opportunity” basis. Based on the nature of the contract, we are of the view that Mr. Adams is entitled to damages in an amount representing one month’s notice fixed at $2,500. Paragraph 2 of Justice Paisley’s judgment is varied accordingly.

[3] Costs to the respondent fixed in the total amount of $7,500.

“R. S. Abella J.A.”

“M. J. Moldaver J.A.”

“K. Feldman J.A.”