Canada Case Law

Giacomodonato v. PearTree Securities Inc.

Court

Court of Appeal for Ontario

The Court upheld the trial judge’s findings that the second employment contract was valid because fresh consideration existed (notably a $40,000 payment and additional vacation), and concluded the trial judge did not err in principle in awarding damages and partial indemnity costs; PearTree did not show strong grounds to appeal the costs order, so leave to appeal costs was denied.

Source excerpt

• Wrongful dismissal
• Contract variation and consideration
• Settlement offers (rule 49)
• Costs awards
• Punitive damages

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Quach v. Mitrux Services Ltd.

Court

British Columbia Court of Appeal

La Cour d’appel maintient le contrat à durée déterminée, mais annule l’indemnité de dommages aggravés, faute de preuve d’un préjudice mental allant au-delà du choc normal.

• Fixed-term contracts
• Contract variation and consideration
• Misrepresentation
• Aggravated damages
• Mitigation of damages
• Fixed-term-employment-contract

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