JURISDICTION – Plaintiff unable
to establish real and substantial con-
nection between his claim and
Ontario.
Motion by defendants for a stay of
plaintiff’s action on the basis of lack of
jurisdiction. Plaintiff was an Egyptian
national and Canadian citizen. He was a
former competitive athlete who founded
a sport souvenir company and had
accreditation from defendant Inter-
national Olympic Committee (IOC) to
assist cities bidding for selection to host
the Olympics. The IOC had its head-
quarters in Switzerland. The IOC had
Canadian members but maintained no
presence or employees in Canada. The
Ethics Commission of the IOC was
responsible for defining, administering
and enforcing the Code of Ethics incor-
porated into the Olympic Charter.
Undercover journalists surreptitiously
videotaped a meeting with plaintiff in
Egypt at which plaintiff suggested he
could secure IOC votes for Olympic host
bidders in exchange for cash. Following
an investigation by the Commission, the
IOC declared plaintiff persona non grata
within the Olympic Movement. The
decision was posted on the IOC’s website
and recommended that members of the
Olympic family not grant plaintiff
accreditation or have any dealings with
him. Plaintiff commenced an action
seeking damages for defamation, breach
of a duty of good faith and abuse of pro-
cess. Defendants argued that the court
had no jurisdiction over the claim.
EMPLOYMENT
& DISMISSAL LAW
WRONGFUL DISMISSAL – Appel-
lant failed to mitigate damages by
refusing to accept essentially the same
employment with purchaser of
respondents’ business.
Appeal from an order dismissing
appellant’s action for damages for
wrongful dismissal. Appellant had been
employed in respondents’ salvage busi-
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ness for four years. Appellant’s employ-
ment was terminated without notice
when respondents sold their business.
The purchasers wanted to retain appel-
lant as an employee but he was not
retained after he requested a 33 per cent
salary increase. The trial judge found
that appellant would have been offered
employment at the same salary and with
the same working conditions as with
respondents, except for the probable
loss of his ability to carry on his compet-
ing sideline salvage business. The judge
concluded that appellant had failed to
act reasonably in attempting to mitigate
any damages when he failed to accept
the offer of employment from the pur-
chasers.
HELD: Appeal dismissed. A reason-
able person was expected to accept an
offer of employment where the salary
was no less than at the former job, the
working conditions were not signifi-
cantly different and relations would not
be acrimonious. The purchasers had
made a concrete job offer to appellant.
Appellant rejected the offer by demand-
ing a higher salary. The job was essen-
tially the same. There was no basis for
interfering with the judge’s determina-
tion that appellant’s sideline business
was not a fundamental part of his for-
mer job.
Silva v. Leippi, [2011] B.C.J. No.
2319, B.C.C.A., per Finch C.J.B.C.
(Huddart and Low JJ.A. concurring),
Dec. 5/11. Digest No. 3132-009
(Approx. 10 pp.)
ESTATES
TAXATION – Beneficiaries of prop-
erty under a will were obliged to pay
pro rata share of capital gains tax pay-
able on aggregate gain from all the
deceased’s properties.
Classifieds
MISSING HEIRS
Cogan & Associates Inc.
International probate research,
locators of missing heirs. Toll Free:
1-888-779-2208. www.heirtrace.com
OSHAWA
Well established private law practice
for sale due to recent death of sole
proprietor. This general practice
includes the following areas of law:
Real Estate, Corporate, Wills and
Estates, as well as Family Law.
Staff wishing to stay on. Interested
parties please reply in strict
confidence to the firm’s accountant
at tgsheehan@rogers.com
365 BAY ST. TORONTO
private office, furniture avail, incl.
fax & internet, share suite w/ 2 other
lawyers, avail Jan. 1, $900/mo,
Chris 416-360-0933 cjt@cjtlaw.ca
ESTABLISHED MISSISSAUGA
LAW FIRM
FAMILY LAW LAWYER –
NORTH YORK
whose family law lawyer is moving
to semi retirement requires an
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established practice to dialogue.
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