Background: Birgit Ratz-Cheung, an investment advisor, was dismissed without cause after approximately 24 years at BMO Nesbitt Burns Inc. at 54 years old.
Claims: Ratz-Cheung sought damages for lost commissions ($374,393), the lost opportunity to sell her book of business ($1,118,800), and bad faith conduct damages ($100,000).
Key Points:
During discovery, it was revealed Ratz-Cheung copied thousands of emails with confidential client information onto a USB key before her termination.
BMO Nesbitt Burns amended its Statement of Defence to allege after-acquired cause based on this.
Ruling: The court found Ratz-Cheung was dismissed without just cause, entitled to a 24-month notice period and damages for lost commission amounting to $240,091. Claims for damages related to the lost opportunity to sell her book of business and for bad faith conduct were not awarded due to insufficient proof.
