Background: Shannon Roome and Calvin Kaiser, both real estate agents, entered into an employment agreement on April 26, 2019. Kaiser terminated the agreement in April 2020, citing COVID-19 uncertainties. Kaiser admitted the termination breached the agreement. The court needed to determine the damages owed to Roome and whether she mitigated her damages.

Issues: The key issues were what remuneration Roome was entitled to under the agreement, the term of the agreement, whether Roome took reasonable steps to mitigate her damages, and who was liable to pay the damages.

Held: Regarding remuneration, Roome was entitled to a $4,000 monthly salary, 40% of the business she brought in, and a percentage of Kaiser’s gross commissions. The court clarified these terms. Concerning the term of the agreement, the court found it was a two-year fixed term. On the mitigation of damages, the court analyzed Roome's efforts post-termination and found she failed to mitigate her damages by not resuming her real estate practice in September 2020. For the calculation of damages, it was decided that damages were to be calculated based on the earnings Roome could have made from April 6, 2020, to April 25, 2021, minus potential earnings at Pemberton Holmes from September 1, 2020, to April 25, 2021. Lastly, regarding liability, Kaiser was personally liable for the damages due to failing to clearly indicate his corporation’s involvement.

Costs/Damages Awarded: Shannon Roome, as the successful party, was entitled to costs, which were to be determined post-inquiry by the Registrar.