5 Oct 2023

Giacomodonato v. PearTree Securities Inc.

Firms involved

Bennett Jones LLP, Lenczner Slaght LLP

Plaintiff

Davide Giacomodonato
Law Firm
Bennett Jones LLP
Lawyer(s)

Jonathan G. Bell

Nina Butz

Marshall Torgov

Defendant

PearTree Securities Inc.
Law Firm
Lenczner Slaght LLP
Lawyer(s)

Paul-Erik Veel

Aoife Quinn

PearTree Financial Services Ltd.
Law Firm
Lenczner Slaght LLP
Lawyer(s)

Paul-Erik Veel

Aoife Quinn

  • In the case of Giacomodonato v. PearTree Securities Inc. dated October 5, 2023, involved a previous court decision, wherein plaintiff David Donatao had filed a complaint and a dismissal of the counterclaim brought by his former employer, defendant PearTree Securities.
  • The case had stemmed from Mr. Donato's termination by PearTree in January 2018, leading him to sue for wrongful dismissal and amounts owed, which had ranged from $3.194 million to $3.927 million, while PearTree had acknowledged owing between $240,000 and $627,516.
  • During the trial, PearTree had abandoned its claims for general and punitive damages, instead seeking Mr. Donato to disgorge his employment income.
  • The court had ruled in favor of Mr. Donato, awarding him $10,000 in punitive damages and a total judgment of $718,103.05, including prejudgment interest.
  • Regarding costs, Mr. Donato had requested $538,726.37 for legal fees and $247,035.38 in disbursements, while PearTree had argued against any costs being awarded to either party.
  • Ultimately, the court had awarded Mr. Donato his costs on a partial indemnity basis, totaling $830,761.75, inclusive of disbursements and HST.
  • The court had emphasized that PearTree's conduct throughout the litigation, including pursuing unfounded claims, had warranted the substantial costs award, which had reflected the circumstances of the case.
  • The decision had aimed to discourage frivolous and tactical litigation and encourage fair and reasonable conduct in legal proceedings.

Court

Superior Court of Justice - Ontario

Case Number

CV-18-594959

Practice Area

Labour & Employment Law

Amount

$ 830,761

Winner

Plaintiff

Trial Start Date

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