Following a summary judgment finding bribery, breach of contract, and breach of fiduciary duty after the employee became a full-time employee, the plaintiff moved to correct the disgorgement amount before entry of judgment.
The court held that it had omitted two invoices from the original calculation and that this constituted an error justifying variation of the unentered order.
However, the court refused to entertain further defence evidence said to show that one invoice had not been paid, holding that reconsideration is not a vehicle for evidence deliberately not provided on the original motion.
The disgorgement award was amended to €324,100 converted into Canadian dollars.
