EF Institute for Cultural Exchange Limited v. WorldStrides Canada, Inc.
EF Institute for Cultural Exchange Limited
Law Firm / Organization
Longo Lawyers
Lawyer(s)

Bryan Fromstein

WorldStrides Canada, Inc.
Law Firm / Organization
Blake, Cassels & Graydon LLP
Lawyer(s)

Alysha Li

David Conklin
Law Firm / Organization
Blake, Cassels & Graydon LLP
Lawyer(s)

Bradley Emil Berg

Background:

  • Parties: Plaintiff/Appellant - EF Institute for Cultural Exchange Limited; Defendants/Respondents - WorldStrides Canada Inc. and David Conklin.
  • Issue: Alleged breaches of Employment and Severance Agreements by David Conklin, and related claims against WorldStrides.

Key Points:

  1. Employment and Agreements:

    • Conklin, former president of EF, had an Employment Agreement with confidentiality and non-compete clauses.
    • Post-dismissal, he signed a Severance Agreement and joined WorldStrides.
  2. Legal Claims:

    • EF initially claimed $10 million for breaches of contract, fiduciary duties, and sought various injunctions.
    • Claims were later reduced to seeking return of severance payments to Conklin and disgorgement from WorldStrides.
  3. Procedural History:

    • Case narrowed over time, with several amendments and procedural motions.
    • Ultimately, EF sought to recover $225,000 paid to Conklin and $35,657 from WorldStrides.
  4. Court's Findings:

    • No substantial evidence of breach of confidentiality or non-compete obligations by Conklin.
    • Communications and activities of Conklin deemed not significantly competitive or breaching confidentiality.
  5. Appeal and Decision:

    • EF appealed the summary judgment dismissing its claims.
    • The Court of Appeal dismissed the appeal, affirming the lower court's decision.
  6. Costs:

    • EF ordered to pay $25,000 in costs to the respondents.

Total Amount Paid by EF:

  • $25,000 in legal costs.

Conclusion:

  • The appeal by EF was dismissed, with the court finding no substantial breach by Conklin or WorldStrides, and EF ordered to pay costs.
Court of Appeal for Ontario
COA-22-CV-0436
Employment law
$ 25,000
Respondent