Elder v. Max Wright Real Estate
LEIF ELDER
Law Firm / Organization
SWANN LAW
Lawyer(s)

Tatha Swann

MAX WRIGHT REAL ESTATE CORPORATION carrying on business as SOTHEBY’S INTERNATIONAL REALTY CANADA

Key Points:

  • Parties: Leif Elder (Plaintiff) vs. Max Wright Real Estate Corporation (Defendant)
  • Background: Leif Elder's contract with Max Wright Real Estate was terminated without notice. Elder sought damages for wrongful termination.
  • Contractual Terms: One-year contract, renewable, with a clause for immediate termination under specific conditions and termination without cause with written notice.
  • Issues: Legitimacy of termination without notice and the calculation of damages for Elder.
  • Findings:
    • Termination Without Notice: The court ruled that the defendant could not terminate Elder without notice.
    • Damages: Elder was awarded damages of $21,034.01, considering his subsequent earnings and market conditions.
  • Costs: Elder was awarded costs of $25,000.

Conclusion:

The court ruled in favor of Leif Elder, emphasizing the necessity of notice or damages in lieu of notice for termination. Elder was awarded damages based on his income, market conditions, and the costs of litigation. This decision highlights the importance of adherence to contractual terms, especially in employment contracts regarding termination clauses.

Superior Court of Justice - Ontario
CV-22-00684506-0000
Employment law
$ 46,034
Plaintiff