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In the case of 542491 Ontario Limited v 8240631 Canada Inc. dated July 10, 2023, plaintiffs 542491 Ontario Limited and Donald Foster claimed that they had been the exclusive sales agents for the defendant, Presentoirs Clic Inc.'s predecessor since 2002, and had continued providing services through Innovation CLIC after Presentoirs' bankruptcy in February 2014. Innovation allegedly changed the plaintiffs' commission structure and terminated their retainer soon after taking over the business. The plaintiffs filed an action against the defendant, and over the years, they attempted to move the case forward, but Innovation obstructed the proceedings. The main issues before the court were whether the materials provided a basis for finding liability and, if so, what damages the plaintiffs were entitled to. The court applied the test for default judgment, considering deemed admissions and admissible evidence. Based on the deemed admissions, the court found that the plaintiffs were not entitled to judgment for wrongful dismissal damages due to uncertainties in their employment relationship with Innovation. However, the court concluded that the plaintiffs were owed $79,745.15, representing unpaid work from February 2014 to July 31, 2014.
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Plaintiff
Defendant
Court
Superior Court of Justice - OntarioCase Number
CV-15-522765Practice Area
Labour & Employment LawAmount
$ 79,745Winner
PlaintiffTrial Start Date