S. Jessica Roher

The appellant, an employee, appealed a motion judge's order striking parts of his statement of claim in a wrongful dismissal action, which included claims against corporate directors for unpaid vacation pay under the Employment Standards Act, 2000 (ESA) and the Business Corporations Act (OBCA), and for oppression under the OBCA.

The Court of Appeal upheld the striking of the ESA claim without leave to amend, finding the statutory preconditions were not met.

It also upheld the striking of the OBCA oppression claim with leave to amend, noting insufficient pleading of reasonable expectations.

However, the Court set aside the striking of the OBCA s. 131 claim for unpaid vacation pay without leave to amend, finding material facts were pleaded, and allowed it to proceed with amendment.

It also set aside the striking of certain paragraphs (14-23) related to the reprisal claim and varied the striking of paragraph 40, only removing irrelevant allegations.

The original costs award against the appellant was reduced to reflect his partial success on appeal.

This is a costs endorsement following the Court of Appeal's dismissal of an appeal.

The respondent sought costs on a substantial indemnity basis, citing the nature of the underlying allegations and the trial judge's findings.

The appellants argued for costs on a partial indemnity basis.

The court awarded costs to the respondent on a partial indemnity scale, finding that while substantial indemnity costs were appropriate at trial due to the appellants' conduct, there was no principled basis to impose such costs for the appeal itself.

The appellants had a right to appeal and raised legitimate issues.

This appeal concerns a serious and sustained Internet defamation campaign orchestrated by the appellant Rabinowitz against the respondent Rutman, a Toronto chartered accountant and businessman.

Rabinowitz admitted liability for defamatory statements posted on the Internet alleging tax fraud, theft, and cheating.

The trial judge found the appellants Bergman and Artcraft Company Inc. jointly and severally liable for the defamation.

The trial judge awarded $200,000 in general damages, $200,000 in aggravated damages, and $250,000 in punitive damages against Rabinowitz, and $50,000 in punitive damages against Bergman.

The appellants appealed on grounds of liability and damages.

The Court of Appeal dismissed the appeal, upholding the trial judge's findings on concerted action liability, vicarious liability of the corporation, and the quantum of damages awarded.