Focus On

PERFORMANCE AND DISCHARGE - Termination

Thursday, May 16, 2019 @ 8:49 AM  


Lexis Advance® Quicklaw®
Appeal by the plaintiff from dismissal of most of his claims against the respondent. The appellant sold telecommunications products under an agency contract with the respondent. The revenue from the appellant’s call centres had declined through the years. In 2013, the respondent terminated all its agency contracts, including its contract with the appellant. The respondent terminated the agreements following a settlement reached with the Canadian Radio and Telecommunications Commission that required it to stop all telemarketing. The plaintiff sought damages of $4,579,475 as well as punitive damages. The trial judge found the respondent was entitled to terminate the contract but breached the contract by failing to give the required 30 days’ notice. She granted the plaintiff judgment for $16,537, which represented what he would have earned in the notice period plus unpaid commissions.

HELD: Appeal dismissed. The trial judge carefully considered the evidence before her, thoroughly addressed all the issues and made no errors sufficient to permit intervention. The trial judge’s interpretation of the contract was entitled to deference. She did not err in concluding the contract was not entered into because of duress and coercion.

Stolba v. Comwave, [2019] B.C.J. No. 589, British Columbia Court of Appeal, S. Stromberg-Stein, B. Fisher and G.B. Butler JJ.A., March 28, 2019. Digest No. TLD-May132019007