Annable v. Devencore Company Ltd.
Mark Graham Annable
Law Firm / Organization
Equinox Law
Lawyer(s)

Brent Carpenter

Devencore Company Ltd.
Law Firm / Organization
Farris LLP

Background:
Annable was employed by Devencore under a contract that outlined two compensation phases. In the first phase, Annable received a guaranteed commission and recoverable draws with a 25/75 commission split favoring Devencore. The second phase, which Annable claimed to have entered, provided a 50/50 split but required him to become an autonomous real estate agent. A dispute arose when Devencore continued to pay Annable under the first phase, arguing that he had not yet transitioned to the second phase due to insufficient sales and outstanding recoverable draws. The conflict intensified following a large commission from a BC Liquor Distribution Branch deal, where Devencore credited Annable with a 25% share.

Key Legal Issues:

  • Contractual Interpretation: The court had to determine whether Annable was entitled to the 50/50 commission split or remained under the 25/75 structure.
  • Constructive Dismissal: Annable argued that Devencore’s actions amounted to constructive dismissal.
  • Trust and Commission: Annable alleged a breach of trust regarding the handling of commission funds.

Outcome:
The court dismissed all of Annable’s claims and Devencore’s counterclaim. The decision on costs was deferred, with no monetary award granted to either party.

Supreme Court of British Columbia
S188380
Employment law
Defendant