2025 ONSC 237

• Context: This decision allowed the defendants (H.L. Staebler Company Limited, Lisa Arseneau and Debbie Sutton) to amend their defense, asserting that:

  • Lisa Arseneau owned the "book of business" she brought to Pearson Dunn Insurance Inc. (PDI).

  • She was constructively dismissed by PDI when material terms of her employment were unilaterally altered.

• Outcome: No monetary award was granted as this ruling pertained to procedural amendments. The amendments were allowed, enabling the defendants to proceed with their new defense.

2025 ONSC 240

• Context: The court examined ownership of the "TRIP book of business" and claims of breach of fiduciary duties, constructive dismissal, and misuse of confidential information.

• Findings:

  • Arseneau was deemed to own her "book of business," and no agreement had transferred its ownership to PDI.

  • Arseneau was found to have been constructively dismissed due to unilateral changes in her employment terms.

  • No fiduciary duty or duty of confidentiality was breached by Arseneau.

  • PDI failed to establish its claims for injunctive relief, damages, or that the defendants acted unlawfully.

• Outcome: The court dismissed PDI’s claims and awarded no damages to the plaintiff. The defendants were entitled to their costs of the proceedings.

Final Outcome:

Across both decisions, the defendants successfully defended against claims by PDI. The court found in their favor, affirming Arseneau’s ownership of her business assets and dismissing PDI's claims. No monetary award specified.