Paul Wronski

The Court of Appeal issued a costs endorsement following an appeal where the main corporate appellant was substantially unsuccessful, but a related corporate appellant was found not liable.

The parties failed to settle the successful corporate appellant's trial costs.

The court fixed the successful corporate appellant's trial costs at $5,000, noting its minor role at trial and the time wasted by the unsuccessful appellant.

The court declined the respondent's request to set off these costs against the trial costs awarded to him from the unsuccessful appellant.

The appellants appealed a trial judgment awarding the respondent damages for wrongful dismissal, a 5% equity interest in two corporations, an oppression remedy, exemplary damages, and damages for breach of fiduciary duty.

The Court of Appeal upheld the 10-month notice period for wrongful dismissal and the award of exemplary damages against the employer corporation due to the egregious circumstances of the termination.

The Court also upheld the respondent's entitlement to a 5% equity interest in the employer corporation and the oppression remedy.

However, the Court set aside the equity interest in the holding company, the damages for breach of fiduciary duty, and the trial judge's decision to pierce the corporate veil, finding no legal basis to hold all defendants jointly and severally liable.