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Grimaldi v. CF+D Custom Fireplace Design Inc.

Background:

  • Parties: Plaintiff - Joseph Grimaldi; Defendants - CF+D Custom Fireplace Design Inc., Vince Volpe.
  • Issue: Wrongful dismissal claim by Grimaldi after termination without cause.

Key Points:

  1. Employment Details:

    • Grimaldi, former senior project manager at CF+D, terminated under five months, received two weeks' severance.
    • Claimed share entitlement as per contract.
  2. Contractual Dispute:

    • Agreement for Grimaldi to earn 1% of CF+D shares annually over five years.
  3. Court Findings:

    • No ambiguity in share entitlement clause.
    • Reasonable notice period determined by Bardal factors: employment nature, service length, Grimaldi's age, and job market.
  4. Damages Awarded:

    • Entitled to five months and two weeks' salary, benefits, and car allowance.
    • No entitlement to annual payment or shares due to short employment duration.
  5. Director's Liability:

    • No personal liability established for Mr. Volpe.

Judgment:

  • Grimaldi awarded damages for the appropriate notice period minus already paid severance.
  • Claims against Volpe dismissed.

Conclusion:

  • Grimaldi's wrongful dismissal claim partially upheld; share and annual payment claims denied.

No Financial terms were specifically stated in this case.

JOSEPH GRIMALDI
Law Firm / Organization
Regency Law Group
CF+D CUSTOM FIREPLACE DESIGN INC.
Law Firm / Organization
Ross & McBride LLP
Lawyer(s)

Greta Ladanyi

VINCE VOLPE
Law Firm / Organization
Ross & McBride LLP
Lawyer(s)

Greta Ladanyi

Superior Court of Justice - Ontario
CV-17-00062262-0000
Labour & Employment Law
Not specified/Unspecified
Plaintiff