Facts: Brad Klyn, employed by Pentax Canada Inc. since January 2007, was terminated without cause in April 2022. His employment contract included specific termination conditions, but post-termination, Pentax failed to pay commissions owed and ceased all payments by July 2022.
Issue: Whether Pentax repudiated its employment contract with Klyn by failing to fulfill payment obligations post-termination.
Court’s Ruling: The court found that Pentax repudiated the contract by failing to comply with the termination payments clause, awarding damages based on common law instead of the contract's terms.
Costs/Damages Awarded: Klyn was awarded $326,095.78 in damages, after accounting for his mitigation earnings and the payments Pentax had made between the date of termination and July 2022. Additionally, $25,000 in punitive damages was awarded for Pentax’s breach of the duty of good faith and honest performance in terminating Klyn's employment.
