Kouridakis v CIBC

Kouridakis v CIBC

The Court rejected both judicial review applications and upheld the Adjudicator’s Redetermination Decision as reasonable: it struck specified inadmissible affidavit paragraphs and unauthenticated exhibits from the records, denied leave to amend, found the Adjudicator had exercised lawful discretion under s 242(4) in assessing and quantifying indemnity (including deductions for mitigation and contributory fault and a partial legal fee award), and concluded no reviewable error of law or fatal deficiency in reasoning existed that would render the decision unreasonable.

Citation
2025 FC 60
Parties
Applicant / Respondent: GEORGES KOURIDAKIS; Respondent / Applicant: CANADIAN IMPERIAL BANK OF COMMERCE
Court
Federal Court
Jurisdiction
Canada
Judgment Date
13 January 2025
Procedural Posture
Judicial Review (federal Court) / Decision on Consolidated Applications
Outcome
Applications for judicial review in T-275-23 and T-289-23 dismissed; specified affidavit passages and unauthenticated exhibits struck; leave to amend denied; each party to bear its own costs.
Legal Topics
Unjust Dismissal, Quantum of Damages, Mitigation of Damages, Judicial Review Standard of Reasonableness, Admissibility of Affidavit Evidence, Admissibility of Documents in Application Record, Solicitor Client Costs
Source Language
English
Administrative Law Labour/employment Law Civil Procedure and Evidence Unjust Dismissal Quantum of Damages Mitigation of Damages Judicial Review Standard of Reasonableness Admissibility of Affidavit Evidence +2 more

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Parties

GEORGES KOURIDAKIS

Applicant / Respondent

CANADIAN IMPERIAL BANK OF COMMERCE

Respondent / Applicant

Procedural Posture

Judicial Review (federal Court) / Decision on Consolidated Applications

Legal Issues

  1. 1 Whether portions of applicant affidavits are inadmissible and should be struck
  2. 2 Whether documents Q-1 to Q-32 in applicant/respondent records are admissible
  3. 3 Whether leave to amend affidavit to introduce exhibits should be granted

Ratio Decidendi

The Court rejected both judicial review applications and upheld the Adjudicator’s Redetermination Decision as reasonable: it struck specified inadmissible affidavit paragraphs and unauthenticated exhibits from the records, denied leave to amend, found the Adjudicator had exercised lawful discretion under s 242(4) in assessing and quantifying indemnity (including deductions for mitigation and contributory fault and a partial legal fee award), and concluded no reviewable error of law or fatal deficiency in reasoning existed that would render the decision unreasonable.

Court Disposition

Applications for judicial review in T-275-23 and T-289-23 dismissed; specified affidavit passages and unauthenticated exhibits struck; leave to amend denied; each party to bear its own costs.

Orders

  • Paragraphs 14,16,18,21,25,27-28,30-31,34-39,43-46,48,50-51,53,55,57,58-62 of Mr. Kouridakis' affidavit in T-275-23 are inadmissible and are struck.
  • Paragraphs 8-14,16,22,24-26 of Mr. Kouridakis' affidavit in T-289-23 are inadmissible and are struck.