Richelle M. Pollard

A former senior executive sued for wrongful dismissal after termination without cause.

The dispute concerned whether a later employment document replaced an earlier agreement containing a 12‑month severance clause, the appropriate reasonable notice period, and entitlement to bonus payments.

The court held the later document constituted a new employment agreement that displaced the earlier severance provision, leaving notice to be determined under the common law.

Applying the Bardal factors, the court awarded a 12‑month reasonable notice period despite the employee’s relatively short tenure and rejected the employer’s proposed three‑month period.

The court also denied the employee’s claim to bonus payments because the bonus plan required active employment at the payout date.

The plaintiffs brought motions for an interlocutory injunction and for production of documents against the defendants, who were former employees and a competing insurance brokerage.

The injunction motion was settled and the production motion was stayed.

The plaintiffs sought substantial indemnity costs of over $390,000, arguing the defendants unnecessarily lengthened the proceedings and engaged in wrongdoing.

The court found the injunction component of the action was effectively spent, justifying fixing costs payable forthwith rather than in the cause.

The court awarded partial indemnity costs of $255,237, apportioned equally among the three responding defendants, after making deductions for services not directly related to the motions.

The defendant appealed an interlocutory order that dismissed his motion to strike the plaintiffs' civil contempt motion for lack of particulars, but ordered the plaintiffs to provide clear and concise particulars.

The Divisional Court allowed the appeal and dismissed the contempt motion, finding that the motions judge erred in applying the test for adequate particulars by failing to recognize the strictissimi juris nature of civil contempt proceedings.

The court also held that the motions judge erred in principle by granting the plaintiffs an unsolicited right to amend their defective motion without balancing the relevant factors.

The plaintiff brought a motion for summary judgment in a wrongful dismissal action seeking damages equivalent to 24 months’ reasonable notice after being dismissed without cause following more than 22 years of employment.

The defendant argued that the notice period should be between 12 and 16 months and that the plaintiff failed to reasonably mitigate her damages.

The court held that the motion record was inadequate to resolve conflicting evidence regarding the plaintiff’s mitigation efforts and the availability of comparable employment opportunities, both of which are relevant to determining reasonable notice under the Bardal factors.

Because credibility assessments and fuller evidence were required, the court found genuine issues requiring a trial.

The motion for summary judgment was dismissed and the matter was scheduled for a two‑day trial.

Following an application proceeding, the court considered written submissions regarding costs.

The applicant argued that because the respondents had not objected to proceeding by way of application, the issue of costs should be determined by the trial judge.

The court agreed that the trial judge would be better positioned to assess any costs thrown away as a result of the application and noted that the record lacked sufficient evidence regarding the parties’ positions on the procedural choice.

The court therefore declined to determine costs at this stage.

Following an unsuccessful motion by the defendant to dismiss a contempt motion, the court addressed costs.

Although the defendant did not succeed on the motion, the court found merit in the defendant’s complaints regarding the organization and drafting of the plaintiffs’ materials, which were described as poorly organized and “reader hostile.” Applying Rule 57.01 of the Rules of Civil Procedure, the court considered the parties’ conduct and its impact on the duration and efficiency of the proceeding.

The court concluded that the plaintiffs’ conduct justified a costs award against them despite their success on the motion.

Costs of $7,000 were awarded to the moving party.

The defendant brought a motion to dismiss or stay a civil contempt motion arising from an alleged breach of a prior injunction restricting dealings with former firm clients.

The defendant argued the contempt motion lacked sufficient particulars, served no purpose because the underlying order had expired, and constituted an abuse of process.

The court held that although the materials were poorly organized and lacked clarity, the defendant had not demonstrated a complete absence of fair notice of the allegations.

The court also found that the expiry of the order did not eliminate the public interest in enforcing respect for court orders and that the high threshold for abuse of process had not been met.

The motion to dismiss the contempt proceeding was refused, but the plaintiffs were ordered to serve clear and concise particulars of the alleged contempt.

A former bank employee brought an application seeking payment of allegedly outstanding bonuses under a Restricted Share Unit plan following his resignation.

The employer denied liability on the basis that the plan provided for forfeiture of unvested units upon resignation.

The applicant argued that the forfeiture provision operated as an unreasonable restraint of trade and was unconscionable.

The court held that the evidentiary record was insufficient to determine whether the provision constituted an enforceable restraint of trade and concluded that the issues raised involved material factual disputes.

The court determined that the matter was not properly brought by way of application and directed that submissions be made regarding continuation of the proceeding as a trial.