3 total
Summary judgment granted for wrongful dismissal, awarding eight months' notice after invalidating the termination clause.
The court granted summary judgment in favour of Adam Boyle in his wrongful dismissal claim against Salesforce.com Canada Corporation.
The court found the termination clause in Boyle’s employment contract unenforceable due to ambiguity and non-compliance with the Employment Standards Act, 2000.
Boyle was awarded pay in lieu of reasonable notice for eight months (after a three-month reduction for late production of mitigation evidence), pro-rated bonus and RRSP contributions, and benefits.
Claims for aggravated, punitive, and special damages were dismissed.
Corporate plaintiff ordered to post $50,000 security for future costs despite defendant's unreasonable delay.
The defendant, Farm Mutual Reinsurance Plan Inc. (FMRP), brought a motion for security for costs against the plaintiff, 2496300 Ontario Inc. (249), under Rule 56.01(1)(d) due to 249's insufficient assets. 249 did not dispute its lack of assets but argued against the order due to FMRP's unreasonable delay in bringing the motion, FMRP's alleged causation of 249's financial state, and 249's strong chance of success.
The court found FMRP's delay unreasonable, limiting the security to future costs.
The court also found that 249 failed to establish a "good chance of success" in overturning its independent contractor agreement.
The motion was granted in part, ordering 249 to post $50,000 for FMRP's future partial indemnity costs and to pay $15,000 in partial indemnity costs for the motion itself.
Motion to extend time to appeal Small Claims Court judgment dismissed due to delay and lack of merit.
The moving party, Go Fleet Corporation, sought an extension of time to serve and file a notice of appeal from a Small Claims Court judgment and costs decision.
The court applied the test for extending time and found that the moving party did not form a bona fide intention to appeal within the appeal period, provided inadequate explanations for the delay, and caused prejudice to the responding party.
Furthermore, the court found the proposed appeal to be devoid of merit.
The motion for an extension of time was dismissed.
