542491 Ontario Limited v. 8240631 Canada Inc.

Overview

• Plaintiffs: 542491 Ontario Limited and Donald Foster
• Defendant: 8240631 Canada Inc., operating as Innovation CLIC
• Claim: Wrongful dismissal

Background

• Employment: Donald Foster, 75, was the exclusive sales agent for Presentoirs CLIC Inc. since 2002, paid commissions through 542491 Ontario Limited.
• Business Transition: In February 2014, Presentoirs went bankrupt, and Innovation CLIC took over. Foster continued his role under Innovation.
• Termination: On April 29, 2014, Innovation changed Foster's commission structure and terminated his contract effective December 31, 2014.

Issues and Findings

1. Employment Status: Foster was deemed an employee or dependent contractor based on control, economic dependence, and exclusive, permanent working relationship.
2. Notice Period: Foster’s employment period with Presentoirs was combined with his time at Innovation, justifying an 18-month reasonable notice period.
3. Commission Structure: Foster earned a 10% commission on all sales, supported by records and testimony.
4. Post-Notice Commissions: Claim for $207,006.88 in future commissions was denied due to lack of contractual basis and evidence.
5. Pleading Amendment: Correction of defendant's corporate name granted, with no prejudice caused.

Judgment

• Total Damages: $161,192.30 (comprising $79,745.15 previously awarded and $81,447.15 for the notice period)
• Costs: $27,120.72 awarded to plaintiffs.
• Interest: Prejudgment and post-judgment interest as per the Courts of Justice Act.