A. Jane Milburn


Teplitsky, Colson LLP - Barristers
- notable cases

  • Soye v. Corinthian Colleges Inc. et al. (2008) Can LII 8781 (Ont. S.C.)

    C a s e  S u m m a r y

    Mr. Soye was a senior executive with CDI, a company engaged in the business of adult education. He was paid a salary, a substantial bonus based on achievement of certain targets, and received additional perquisites. Mr. Soye’s employment was terminated without cause following the acquisition of his employer by Corinthian, an American company.

    In the months preceding the acquisition, Mr. Soye was wooed to remain with the company and offered a retention bonus of $165,000 and a post-closing bonus of $55,000 subject to achievement of certain targets, in addition to his usual compensation terms. Although the court enforced certain employment agreements Mr. Soye had entered into years prior, the court found that promises made to grant Mr. Soye the additional retention bonus of $165,000 were binding and awarded him this amount. Moreover, the court rejected the company’s interpretation of the existing employment agreements and did not limit Mr. Soye to receipt of salary only over the 12 month notice period as the company had proposed, but awarded him total compensation including a substantial bonus of $120,000 over the notice period. In addition, Mr. Soye was entitled to earned but unpaid bonus to the last date worked. Mr. Soye also received other relief including earned but unpaid vacation accumulated over the years, mitigation expenses incurred, and damages for loss of benefits. The damages totalled approximately $418,000 plus prejudgment interest of $62,000.

    Supplementary Reasons were released on May 6, 2008.
  • Schumacher v. Toronto-Dominion Bank (1997) 173 D.L.R. (4th) 577 (Ont C.A.) Leave to S.C.C. refused

  • Ternoey v. RBC Dominion Securities [2000] O.J. No. 3428 (Ont S.C.J.)

  • Sa (c.o.b. Achemcon Service) v. Dinetz Restaurant Equipment Ltd. [1999] O.J. No. 1475 (Ont S.C.J.)


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