Hampton Securities Limited v. Dean

Hampton Securities Limited v. Dean

The appeal is dismissed: the trial judge correctly interpreted the employment contract limiting Ms. Dean's liability for trading losses, properly found constructive dismissal caused by the employer's demand, correctly held the termination clause unenforceable as it excluded ESA benefit entitlements, rightly found the IIROC NOT was not protected by qualified privilege because it was untrue and exceeded the duty to report, and properly awarded compensatory and punitive damages and costs; appellate interference was unwarranted.

Citation
2018 ONCA 901
Parties
Appellant (plaintiff): Hampton Securities Limited; Respondent (defendant): Christina Nicole Dean
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
9 November 2018
Procedural Posture
Civil Appeal / Court of Appeal Decision From Superior Court of Justice Judgment
Outcome
Appeal dismissed; trial judgment affirmed in all material respects.
Legal Topics
Constructive Dismissal, Termination Clause Enforceability, Employment Standards Act S.60(1)(c), Qualified Privilege, Defamation Damages, Punitive Damages, Costs and Offers to Settle
Source Language
English
Employment Law Defamation Contract Law Civil Procedure Administrative Law Remedies Constructive Dismissal Termination Clause Enforceability +5 more

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Parties

Hampton Securities Limited

Appellant (plaintiff)

Christina Nicole Dean

Respondent (defendant)

Procedural Posture

Civil Appeal / Court of Appeal Decision From Superior Court of Justice Judgment

Legal Issues

  1. 1 Whether Ms. Dean was liable to repay trading losses and the correct contractual interpretation of liability for losses
  2. 2 Whether Ms. Dean was constructively dismissed
  3. 3 Whether the termination clause complied with s. 60(1)(c) of the Employment Standards Act, 2000

Ratio Decidendi

The appeal is dismissed: the trial judge correctly interpreted the employment contract limiting Ms. Dean's liability for trading losses, properly found constructive dismissal caused by the employer's demand, correctly held the termination clause unenforceable as it excluded ESA benefit entitlements, rightly found the IIROC NOT was not protected by qualified privilege because it was untrue and exceeded the duty to report, and properly awarded compensatory and punitive damages and costs; appellate interference was unwarranted.

Court Disposition

Appeal dismissed; trial judgment affirmed in all material respects.

Orders

  • Appeal dismissed.
  • Trial judgment of Justice Markus Koehnen affirmed: Ms. Dean owes no monies to Hampton beyond the contractual apportionment (trial judge found reimbursement only for 60% of losses as applicable), Ms. Dean found constructively dismissed and entitled to six months' notice in lieu of salary, Ms. Dean awarded $25,000...