DISCIPLINE AND TERMINATION OF EMPLOYMENT - Civil procedure - Settlements

Law360 Canada ( January 10, 2025, 9:38 AM EST) -- Appeal by appellant from the motion judge’s order entitling respondent to receive compensation. The respondent was an employee of Cervus Equipment Corporation (“Appellant”). He participated in the appellant's Deferred Share Plan, which allowed him to purchase vested stock units. On termination, the respondent received a letter from the appellant, advising that his vested stock units could be exercised under the Plan. The letter also stated that he would receive a severance package in place of notice. The respondent was not satisfied with the amount and commenced an action for damages. There was no claim for the vested stock units. The wrongful dismissal action was settled, and the respondent signed the Settlement Documents that included a release and indemnity. However, one day before the Settlement Documents were signed, the respondent emailed the appellant and requested that his vested stock units be paid out. The appellant did not respond and contended that he released his claim for the value of the vested stock units. The appellant submitted that the entitlement to the vested stock units was released when the wrongful dismissal action was settled. It sought an order dismissing the action, but the motion judge concluded that the release applied only to stock awards that were not yet awarded or redeemed, and the vested units were already the respondent's property. The motion judge awarded the respondent a sum of money for the vested units....
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