De Santis v. Brian Myers Grimes Industrial Products Group

De Santis v. Brian Myers Grimes Industrial Products Group

The trial judge's factual findings that the reassignment involved no material change, provided comparable compensation and reflected good faith were supported by evidence and not palpably overriding; accordingly there was no dismissal or constructive dismissal, and the appellant was liable for competing using...

Source-derived case information.

Citation
C40795
Parties
Plaintiff (appellant): Stefano Nicola De Santis; Defendant (respondent): Brian Myers Grimes Industrial Products Group; Plaintiff (respondent): Grimes Abrasives Limited (operating as Grimes Industrial Products Group); Defendant (appellant): Stephano De Santis; Defendant (appellant): Performance Abrasives Inc.; Defendant: Bryan Ayles; Defendant: Derek Moon
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
17 March 2005
Procedural Posture
Civil Appeal / Court of Appeal Decision on Appeal From Superior Court of Justice (trial Judgment Dated September 22, 2003)
Outcome
Appeal dismissed.
Legal Topics
Constructive Dismissal, Dismissal, Confidential Information, Breach of Duty, Damages, Costs
Source Language
english
Employment Law Contract Law Civil Procedure Constructive Dismissal Dismissal Confidential Information Breach of Duty Damages +1 more

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Parties

Stefano Nicola De Santis

Plaintiff (appellant)

Brian Myers Grimes Industrial Products Group

Defendant (respondent)

Grimes Abrasives Limited (operating as Grimes Industrial Products Group)

Plaintiff (respondent)

Stephano De Santis

Defendant (appellant)

Performance Abrasives Inc.

Defendant (appellant)

Bryan Ayles

Defendant

Derek Moon

Defendant

Procedural Posture

Civil Appeal / Court of Appeal Decision on Appeal From Superior Court of Justice (trial Judgment Dated September 22, 2003)

Legal Issues

  1. 1 Whether the transfer of duties constituted a dismissal or constructive dismissal
  2. 2 Whether employer intent to end the relationship is required for constructive dismissal
  3. 3 Whether the appellant breached duties by competing using confidential information

Ratio Decidendi

The trial judge's factual findings that the reassignment involved no material change, provided comparable compensation and reflected good faith were supported by evidence and not palpably overriding; accordingly there was no dismissal or constructive dismissal, and the appellant was liable for competing using confidential information in breach of duty; the appeal is dismissed.

Court Disposition

Appeal dismissed.

Orders

  • Trial judgment upheld
  • Costs to respondents fixed at $14,000 inclusive of disbursements and G.S.T.