TD Waterhouse Canada Inc. (TD Waterhouse Private Investment Advice) v. Little

TD Waterhouse Canada Inc. (TD Waterhouse Private Investment Advice) v. Little

The appeal was dismissed because the appellant failed to adduce evidence raising a triable issue that his termination was motivated by bad faith to appropriate his book of business; therefore the respondent was entitled to summary judgment on the loans and the counterclaim did not justify equitable set-off or a stay.

Citation
2010 ONCA 145
Parties
Plaintiff/defendant by Counterclaim (respondent): TD Waterhouse Canada Inc. (operating as TD Waterhouse Private Investment Advice); Defendant/plaintiff by Counterclaim (appellant): Donald Little
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
26 February 2010
Procedural Posture
Civil Appeal / Appeal From Summary Judgment (oral Hearing and Release)
Outcome
Appeal dismissed; summary judgment for respondent affirmed
Legal Topics
Summary Judgment, Termination for Cause, Bad Faith Dismissal, Equitable Set Off, Stay Pending Counterclaim, Enforcement of Loans
Source Language
English
Employment Law Contract Law Equity Civil Procedure Summary Judgment Termination for Cause Bad Faith Dismissal Equitable Set Off +2 more

Case Brief

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Parties

TD Waterhouse Canada Inc. (operating as TD Waterhouse Private Investment Advice)

Plaintiff/defendant by Counterclaim (respondent)

Donald Little

Defendant/plaintiff by Counterclaim (appellant)

Procedural Posture

Civil Appeal / Appeal From Summary Judgment (oral Hearing and Release)

Legal Issues

  1. 1 Whether respondent could enforce loans following termination of employment if termination was in bad faith
  2. 2 Whether appellant raised a triable issue that termination was motivated by appropriation of his book of business
  3. 3 Whether the appellant's counterclaim satisfied requirements for equitable set-off

Ratio Decidendi

The appeal was dismissed because the appellant failed to adduce evidence raising a triable issue that his termination was motivated by bad faith to appropriate his book of business; therefore the respondent was entitled to summary judgment on the loans and the counterclaim did not justify equitable set-off or a stay.

Court Disposition

Appeal dismissed; summary judgment for respondent affirmed

Orders

  • Appeal dismissed
  • Summary judgment granted to respondent for amounts due on two loans