Court File and Parties

Citation: TD Waterhouse Canada Inc. (TD Waterhouse Private Investment Advice) v. Little, 2010 ONCA 145

Date: 20100226

Docket: C51017

Court of Appeal for Ontario

Before: Sharpe, Rouleau and Epstein JJ.A.

Between:

TD Waterhouse Canada Inc., operating as TD Waterhouse Private Investment Advice Plaintiff/Defendant by Counterclaim (Respondent)

and

Donald Little Defendant/Plaintiff by Counterclaim (Appellant)

Counsel: Raymond F. Leach, for the appellant Gavin Tighe, for the respondent

Heard and released orally: February 10, 2010

On appeal from the judgment of Justice John A.B. MacDonald of the Superior Court of Justice, dated August 21, 2009.

Endorsement

[1] The motion judge, in clear and cogent reasons, granted the respondent summary judgment for the amounts due on two loans made to the appellant, their former employee. We agree with the motion judge that even assuming the respondent could only enforce the loans if their termination of the appellant was done in good faith there is no triable issue.

[2] The appellant asserts that the reason for his termination was to appropriate his book of business. However, the appellant has failed to advance any evidence capable of raising a triable issue that the termination was so motivated. The appellant committed a clear breach of corporate policy and professional standards. There is no evidence the individuals alleged to have acted in bad faith were implicated in his termination.

[3] The issues of set-off and stay pending resolution of the counterclaim are discretionary. We are not persuaded that the motion judge erred in concluding that the appellant’s counterclaim does not satisfy the requirements for equitable set-off nor do we see any error in the motion judge’s decision not to stay the judgment pending a determination of the counterclaim.

[4] Accordingly, the appeal is dismissed. Costs to the respondent fixed at $11,317.85, inclusive of disbursements and GST.

“Robert J. Sharpe J.A.”

“Paul Rouleau J.A.”

“Gloria Epstein J.A.”