Court File and Parties

Court of Appeal for Ontario Date: 20220829 Docket: C69679

Miller, Nordheimer and Sossin JJ.A.

Between

Kevin Wilkshire Plaintiff (Appellant)

and

2055495 Ontario Inc. operating as Miska Trailers Defendant (Respondent)

Counsel: Kathryn Marshall and Howard Levitt, for the appellant Peter Quinlan and Courtney Boyd, for the respondent

Heard and released orally: August 29, 2022

On appeal from the order of Justice Kim A. Carpenter-Gunn of the Superior Court of Justice, dated June 23, 2021.

Reasons for Decision

[1] In our view, the appellant’s argument runs directly against the factual findings of the trial judge.

[2] The appellant acknowledges that a key aspect of his argument is a necessary finding that he lost responsibility for the production side of the company’s operations as a result of the hiring of the new senior employee. However, that argument does not find any foundation in the trial judge’s decision.

[3] Indeed, the trial judge expressly found that the appellant maintained his role as general manager of the company, that there was no change in the hierarchy of the company and that there was also no evidence there would be any change in his remuneration, including his bonus package.

[4] We do not accept that the trial judge made any legal error in her decision. She made the factual findings that she did that were well supported in the evidence. Those factual findings are fatal to the appellant’s position.

[5] The appeal is dismissed. The respondent is entitled to its costs of the appeal fixed in the agreed amount of $15,000 all inclusive.

“B.W. Miller J.A.”

“I.V.B. Nordheimer J.A.”

“L. Sossin J.A.”