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Ernst V. Destiny Software Productions Inc. and Destiny Media Technologies Inc.

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ERNST V. DESTINY SOFTWARE PRODUCTIONS INC. AND DESTINY MEDIA TECHNOLOGIES INC.
Nov 17, 2011
Madam Justice Adair
Courtroom 30
• Breach of contract
• Employer’s duty to warn employee of problem or communicate; at least give the notice before the dismissal Geographical location issue: where performance should be conducted. “Mexico”
• Employee worked in Mexico and was dismissed due to location; however, his location was not the part of a contract. Needs to be subjective in valuation of just cause - Providing past case examples in which employer gave notice. (After referring to previous cases couple times, the judge said that she had to have a look at those cases contract as well).
• Location terms in contract is unclear: contractual interpretation
• Provided past case example
- Interpretation should based on words and not intention
From my observations, judge’s role in this particular case was active. Madam Justice Adair asked a few questions, commented on some points and she was very arguable and had several dialogues with lawyers. During the case judge asked about “severance” of it. Plaintiff’s lawyer responded and stated that if there’s no just cause, then the plaintiff should get severance.
The plaintiff was forced to sell vitamin, “alternative employment” triggered and no severance.
Defendant wants to cut severance upon finding alternative employment. Problem is dismissed with cause and there is no severance, if not de-caused defendant benefits and the plaintiff get nothing. Later, Judge asked about repudiation. If he accepts it, then he has to pay damages. If he does not accept it, the contract will still be in place. Madam Justice Adair asked whether plaintiff’s lawyer abandoned this analysis.
Severance clause in contract allowed defendant to dismiss with the cause and without paying full severance. Judge also asked if

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