Tag: Summary Judgment

Ontario Court of Appeal Comments on Notice Entitlements Following an Asset Transaction

· 4 min read

In Manthadi v. ASCO Manufacturing, the Ontario Court of Appeal unanimously found that summary judgment was not appropriate in a case where a plaintiff was awarded 20 months’ reasonable notice damages after one month service with a company (Purchaser) that had bought the assets of her former employer (Vendor). The Court set aside the summary…

Court Uses Expanded Fact-Finding Powers to Grant Summary Judgment in Departing Employee Case

· 5 min read

The Ontario Superior Court of Justice recently considered the obligations of departing employees to their former employers with respect to fiduciary duty, confidential information and solicitation of former customers. In OIBC v. KO, Ms. Ko had worked with Overseas Insurance Brokers Corporation (OIBC or Plaintiff) for 23 years as an insurance broker. She gave her…

Court Orders Employee Who Breached Fiduciary Duty to Pay Former Employer $20 Million

· 3 min read

An Ontario Court recently awarded damages of $20 million for breach of fiduciary duty to Atlas Copco Canada Inc. (Atlas), from a former employee, in Atlas Copco Canada Inc. v. Hillier. The employee (Defendant) had been employed with Atlas as a general manager of one of its divisions and later as a vice-president. The fraudulent…

Don’t Rush to Summary Judgment!

· 3 min read

The Court of Appeal has overturned a decision by a motion judge which allowed the plaintiffs’ wrongful dismissal actions to be decided by way of summary judgment motion. In Singh v. Concept Plastics Limited, the two plaintiffs were long-term former employees of Concept Plastics. Both brought motions to resolve their actions by way of summary…

Raising the Bar – Twelfth Edition

· 13 min read

Dear Friends Welcome to the first 2016 issue of Raising the Bar! We are looking forward to a year full of exciting developments in the world of civil litigation. However, before we know where we’re headed, we thought it would be wise to reflect on where we’ve been. Now that the dust has settled, we…

Raising the Bar – Ninth Edition

· 17 min read

Dear Friends, Welcome to summer! We’re very pleased to bring you this pre-beach edition of Raising the Bar. In this edition, we’ll guide you through important recent decisions on topics ranging from offers to settle, to case management, to costs, to the question of when is enough discovery “enough”. We will also Shine a Light…

New Roadmap for Summary Judgment Motions Developed by SCC

· 2 min read

In a case involving the use of summary judgment motions (Hryniak v. Mauldin, 2014 SCC 7) , the Supreme Court of Canada discussed access to justice issues in providing courts with guidance on the test for such motions. It held that summary judgment rules must be “interpreted broadly, favouring proportionality and fair access to the…

Supreme Court Weighs in on Summary Judgment

· 4 min read

Yesterday, the Supreme Court of Canada rendered two companion decisions in which it clarified the scope and process of summary judgment motions. In the unanimous decision, the Supreme Court provides some much needed guidance to the legal profession on the proper use of summary judgment motions in what the Supreme Court recognizes is a changing…

Raising the Bar – Sixth Edition

· 18 min read

“There are far, far better things ahead than any we leave behind. “                                                                                           C.S. Lewis Dear Friends, Welcome back from the summer! We hope that all of our readers had a chance to get in some rest and relaxation with friends and family over the past few months, and we are sure that you…