Gillis v. Innova Medical

Gillis v. Innova Medical

Claimant established service and provided sufficient sworn evidence of unpaid commissions and unused vacation pay; defendant did not appear to rebut; severance offered by defendant was not contested; accordingly the court awarded the claimed sums and costs as proven.

Citation
2013 NSSM 3
Parties
Claimant: Kevin Gillis; Defendant: Innova Medical
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
10 January 2013
Procedural Posture
Small Claims Court / Decision
Outcome
Judgment for claimant for $22,294.94
Legal Topics
Unpaid Commissions, Vacation Pay, Severance, Service of Process, Court Costs
Source Language
English
Employment Law Contract Law Labour Law Civil Procedure Unpaid Commissions Vacation Pay Severance Service of Process +1 more

Case Brief

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Parties

Kevin Gillis

Claimant

Innova Medical

Defendant

Procedural Posture

Small Claims Court / Decision

Legal Issues

  1. 1 Whether claimant proved entitlement to unpaid commissions
  2. 2 Whether claimant proved entitlement to unpaid commissions for territory takeover
  3. 3 Whether claimant proved entitlement to unused vacation pay

Ratio Decidendi

Claimant established service and provided sufficient sworn evidence of unpaid commissions and unused vacation pay; defendant did not appear to rebut; severance offered by defendant was not contested; accordingly the court awarded the claimed sums and costs as proven.

Court Disposition

Judgment for claimant for $22,294.94

Orders

  • Defendant to pay $7,058.00 in commissions
  • Defendant to pay $5,196.00 in commissions