Susan A. Toth

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

The appellant insurance company sought to reduce the respondent employee's damages by challenging the reasonable notice period and bonus entitlements.

The Court of Appeal allowed the appeal in part, reducing the notice period but dismissing other arguments.

The respondent sought clarification on bonus entitlements and the parties exchanged submissions on costs.

The Court declined to entertain new arguments raised by the appellant at the costs stage and awarded costs to the respondent.

A senior vice president with 37 years of service was terminated without cause following a minor dispute over promotional sporting event tickets.

The motion judge awarded 30 months' notice and full bonus entitlements during the notice period.

On appeal, the employer challenged both the notice period and the bonus entitlement.

The Court of Appeal reduced the notice period to 24 months, finding no exceptional circumstances warranting a longer period.

However, the court upheld the bonus entitlement, finding that while the termination provision in the bonus plans was unambiguous and would have limited the employee's entitlement, the provision was unenforceable because it was not properly communicated to the employee by the employer.

An incumbent city councillor sued his political opponent and members of her campaign team, along with a local radio station, for defamation arising from statements made during a municipal election campaign.

The defendant candidate had referenced the plaintiff's dated sexual assault conviction and characterized it as consistent with a pattern of bullying and intimidation.

The motion judge dismissed the defendants' motion to dismiss under section 137.1 of the Courts of Justice Act.

The Court of Appeal allowed the appeal and dismissed all claims, finding that the defendants' expressions related to a matter of public interest and that the plaintiff failed to demonstrate sufficient harm to outweigh the public interest in protecting freedom of expression during an election campaign.

The plaintiff, Pattison Outdoor Advertising Ltd., sought reimbursement of $45,332 plus HST from the defendants, Winchester Real Estate Investment Trust Limited and 1096966 Ontario Ltd., alleging payments were made under a mistake of fact for billboards removed from the Simcoe Property in 2003.

The defendants contended they were entitled to the payments under a valid and unteminated lease.

The court found no bad faith on the part of the defendants, interpreted the lease as granting an exclusive right to erect signage for a fixed rent, and concluded that the defendants had a legal right to receive the payments as the lease was never formally terminated by the plaintiff.

The action was dismissed.

The plaintiff corporation brought a motion for summary judgment seeking a declaration that an associate dentist breached an Associate Agreement and a permanent injunction.

The dispute arose from the termination of the associate's arrangement with the plaintiff and another principal dentist at a dental clinic, and the associate's subsequent agreement to purchase the other principal dentist's practice.

The responding parties argued that the Associate Agreement was subject to an overarching Practice Agreement and that the plaintiff's termination was not in good faith.

The court dismissed the motion for summary judgment, finding genuine issues requiring a trial, particularly regarding the common law duty of honest performance in contracts and the advisability of partial summary judgment in the context of the litigation as a whole.