This ruling addressed procedural issues regarding the appeal.
The respondent, Craig Boyer, submitted a factum exceeding the prescribed word limit. The court allowed the extended filing but permitted Callidus Capital Corporation to submit a 7,000-word reply factum.
No monetary awards were issued in this decision?.
2025 ONCA 79
Boyer, a former executive at Callidus, claimed constructive dismissal and sought payment for unpaid vacation, deferred bonuses, and stock options.
Callidus counterclaimed, alleging Boyer breached fiduciary duties in handling loans involving Xchange Technologies Group, Horizontal Well Drillers, and Gray Aqua.
The Ontario Court of Appeal upheld the motion judge’s decision:
Boyer was not constructively dismissed but voluntarily retired in September 2016.
However, the court awarded Boyer:
$93,076.92 for 22 weeks of unpaid vacation.
$525,000 plus interest for unpaid and deferred bonuses from 2014 and 2015.
$1,213,856.98 for lost stock options.
The court held that issue estoppel barred Callidus from asserting a just cause defense, as its counterclaim had been dismissed in a 2023 ruling.
Callidus' appeal was dismissed, and it was ordered to pay $55,000 in costs to Boyer within 30 days?.
Outcome
Boyer secured a total monetary award (damages + costs) of $1,886,933.90 plus interest?.
