Court of Appeal for Ontario

CITATION: Wadsworth v. RBC Dominion Securities Inc., 2007 ONCA 340

DATE: 20070504

DOCKET: C46202

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

[1] In 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.

[2] The 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.

[3] In 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.”