Stahl v. 30 Forensic Engineering Inc.

2018 ONSC 1092 (CanLII)Decided Employment contract

Executive Compensation: ECM Interpretation & Bonus Dispute

Summary

This is a summary judgment motion concerning an executive compensation dispute where the plaintiff sought unpaid base salary and a discretionary bonus. The court interpreted the Executive Compensation Model (ECM) to determine entitlement to salary despite resignation and ruled that the discretionary bonus was earned and payable immediately. The court granted summary judgment, finding no genuine issue requiring a trial and precluding the defendant from raising unpleaded arguments.

Outcome

Summary judgment granted for plaintiff

Award

Plaintiff entitled to balance of 2017 base salary and $23,000.00 discretionary bonus; ECM interpreted to provide 60% of billings up to $500,000.00 regardless of resignation

Key Factors

  • executive compensation
  • contract interpretation
  • summary judgment
  • discretionary bonus
  • pleadings

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