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ARTICLE · 11 MARCH 2025

Clarity Still Counts In Employment And Compensation

Filion Wakely Thorup Angeletti LLP
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The Court of Appeal for Ontario (the "Court") in Boyer v Callidus Capital Corporation upheld a lower court decision awarding a former employee (the "Plaintiff") over $1.5 million...

CanadaEmployment and HR
Brendan Egan
Brendan Egan
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Bottom Line

The Court of Appeal for Ontario (the "Court") in Boyer v Callidus Capital Corporation upheld a lower court decision awarding a former employee (the "Plaintiff") over $1.5 million for lost vacation pay and perquisites. A full summary of the lower court's decision is available in our previous Insight article here. The Court's findings in this case reiterate the importance of clearly conveying workplace policies, particularly when those policies affect employees' compensation.

Background

The defendant employer (the "Defendant") retained the Plaintiff as an underwriter. After working in that position for several years, the Plaintiff retired and brought an action against the Defendant alleging that he was constructively dismissed. In bringing his action, the Plaintiff sought damages in lieu of accrued but unpaid vacation pay, unpaid bonuses, and unpaid stock options. The Plaintiff moved for summary judgment in respect of his claim.

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