Shelley B. Brown

The defendants appealed a Small Claims Court decision awarding the plaintiff damages for constructive dismissal and unpaid invoices, and finding the individual defendant personally liable.

The Divisional Court upheld the finding of constructive dismissal but set aside the wrongful dismissal damages because the plaintiff failed to adduce any evidence of lost income following his termination.

The court also set aside the finding of personal liability against the individual defendant, as it was not pleaded and the plaintiff had the onus to establish he contracted with the individual rather than the corporation.

The appeal was allowed in part.

The appellant appealed a trial judgment, arguing that the trial judge erred in finding that a denial in the statement of defence, when read with a letter from the respondent's counsel, did not constitute an admission.

The Court of Appeal dismissed the appeal, holding that it was open to the trial judge to conclude there was no unambiguous concession and that the denial put the plaintiff to the proof of its allegations.