2 total
Consent order issued for the respondent to pay trial costs to the appellants.
The Court of Appeal issued a costs endorsement based on a consent filed by the parties.
The respondent was ordered to pay trial costs of $97,000 to one appellant, and $250,000 plus GST and disbursements to the other appellants.
Appeal allowed; trial judge erred in finding employment contract was terminated rather than assigned to affiliate.
The employee was terminated from his position as CFO but agreed to the assignment of his employment contract to an affiliated company within the corporate group.
The trial judge found that the contract was terminated and awarded the employee two years' severance pay.
On appeal, the Court of Appeal held that the trial judge erred in law by concluding the contract was terminated rather than assigned, and by reversing the burden of proof regarding an alleged forbearance agreement.
The appeal was allowed, setting aside the severance award, and the employee's cross-appeal for negligent misrepresentation against the individual defendant was dismissed.
