2 total
Default judgment granted for employee fraud; punitive and investigative damages awarded.
The plaintiff employer moved for default judgment against two former employee accountants alleged to have misappropriated corporate funds over several years.
Evidence from an internal investigation and a forensic consulting report established that the defendants conducted numerous fraudulent withdrawals and falsified accounting records.
The court held the pleadings and affidavit evidence established liability for conversion, fraud, and breach of fiduciary duty and granted judgment for proven losses totaling over $1.96 million, but declined to include certain suspicious transactions that could not be adequately traced to the defendants.
Punitive damages were awarded due to the deliberate and prolonged abuse of positions of trust, though the amount sought was reduced after considering the defendants’ gambling disorder evidence, ongoing criminal proceedings, and proportionality.
The court also awarded investigative costs and substantial indemnity legal costs.
Extension of time to file Response granted due to Tribunal website inaccessibility.
The respondents requested a two-week extension of time to file their Response because the Tribunal's website was inaccessible, preventing them from accessing the necessary forms.
The applicant objected to the extension.
The Tribunal granted the extension, noting its power under Rule 1.7 to lengthen time limits and finding the request appropriate given the website issues and the lack of prejudice to the applicant.
