Bouchard v. Facility Condition Assessment Portfolio Experts Ontario Ltd.
Joseph Raynald Alexandre Bouchard
Law Firm / Organization
Sorensen Smith LLP
0935079 BC LTD.
Law Firm / Organization
Sorensen Smith LLP
Facility Condition Assessment Portfolio Experts Ontario Ltd., also known as Roth IAMS Ltd.
Law Firm / Organization
Icon Law Group

Background:
Joseph Raynald Alexandre Bouchard and 0935079 BC Ltd. (the plaintiffs) sued Facility Condition Assessment Portfolio Experts Ontario Ltd., also known as Roth IAMS Ltd. (the defendant), for unpaid amounts under an Asset Purchase Agreement (APA) and for wrongful termination. Bouchard had sold his business to the defendant and entered a three-year employment contract.

Legal Issues:

  1. Termination Without Cause: The plaintiffs argued Mr. Bouchard was wrongfully dismissed and sought payment for the remainder of the three-year contract. The court found that Bouchard was employed under a fixed-term contract, entitling him to the remainder of his salary, minus two weeks already paid.
  2. Restrictive Covenants: The defendant counterclaimed that Bouchard violated non-competition and non-solicitation clauses by working with former clients. The court held that some of Bouchard’s work breached the restrictive covenant, but not all.
  3. APA Payment: The plaintiffs claimed $5,000 was still owed under the APA. The court ruled in favor of Bouchard, awarding the amount plus interest.

Award and Costs:
The court awarded Mr. Bouchard 14 months’ salary (the remainder of the contract), minus two weeks’ pay. Additionally, Bouchard was ordered to pay $20,692.18 for breaching the restrictive covenant, while the defendant was ordered to pay $5,000 plus 6.5% annual interest for the withheld APA payment. Final costs were not specified.

Supreme Court of British Columbia
S38308
Employment law
$ 5,000
Plaintiff