The plaintiff, a former managing director at the defendant bank, brought a motion to amend his statement of claim in a wrongful dismissal action.
He sought to add claims for unjust enrichment and disgorgement of profits, alleging the bank earned investment income on his withheld incentive compensation.
The court dismissed the motion, finding that the proposed amendments disclosed no reasonable cause of action.
The court held that the unjust enrichment claim failed because there was no corresponding deprivation to the plaintiff, and the disgorgement claim failed because damages for breach of contract were an adequate remedy.
