Court of Appeal for Ontario

CITATION: Iliescu v. Voicegenie Technologies, Inc., 2010 ONCA 104

DATE: 20100205

DOCKET: C49983

BEFORE: Goudge, Feldman and Armstrong JJ.A.

BETWEEN:

Crinu Iliescu

Plaintiff (Appellant)

and

Voicegenie Technologies, Inc. a.k.a. Genesys VG Inc. and Stuart Berkowitz

Defendants (Respondents)

COUNSEL:

Igor Ellyn, Q.C. and Michael Blinick, for the appellant

Jefferey B. Simpson, for the respondents

HEARD: February 3, 2010

On appeal from the judgment of Justice Randall Scott Echlin of the Superior Court of Justice dated January 6, 2009.

APPEAL BOOK ENDORSEMENT

[1] In our view the trial judge’s reasons fully address and properly dispose of the issues raised before him. There is no basis for this court to interfere.

[2] In oral argument in this court the appellant raised for the first time an issue of whether he was entitled to the stock options promised to him in the letter of employment. In our view the clear meaning of that letter and the stock option plan provides a complete answer to his claim. The options were not granted until his probation period ended and did not start to vest until a year after that. His employment terminated well before that date.

[3] The appeal is dismissed. Costs to the respondent fixed at $9,500 inclusive of disbursements and GST.