Peter Elden Tuovi

Following a successful motion for summary judgment in a wrongful dismissal action, the plaintiff sought costs on a substantial indemnity scale.

The defendant argued for a significantly reduced partial indemnity award, citing mixed success and late waiver of claims.

The court found that neither party acted unreasonably and the matter proceeded in the normal course, warranting partial indemnity costs.

The court awarded the plaintiff $6,022.44 in costs, finding the amount fair and reasonable in the circumstances.

The plaintiff, Piotr Klimczewski, sought summary judgment in a wrongful dismissal action against his former employer, Nytric Ltd. The court determined a reasonable notice period of 12 months, found that the plaintiff had adequately mitigated his damages despite his specialized and aging skill set, and ruled that the pecuniary value of lost benefits should be included in the damages calculation even if no direct expenses were incurred.

Damages were awarded to the plaintiff.

The Ontario Securities Commission alleged that the respondents engaged in unregistered trading and illegal distribution of securities without a prospectus in relation to the sale of preference shares to 11 Chinese investors seeking to immigrate under Ontario's Provincial Nominee Program.

The Commission dismissed the allegations, finding that the respondents were pursuing legitimate business interests in developing a solar energy business, and their fundraising activities were not mainly the sale of securities.

Furthermore, the Commission held that the prospectus requirements did not apply to the distribution outside Ontario absent fraudulent conduct, and that the sales fell under the private issuer exemption.