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Damages & Limitations

G.H.T. Genesis Inc. v. Gaska 2020 Ont SCJ

An employee brought an action for constructive dismissal against an employer. The employer counterclaimed, claiming that as a consequence of the employee’s actions, it was liable to future possible claims by CRA. On a motion for summary judgment, the employer was not able to adduce any evidence as to losses or damages that it sustained, other than speculative and prospective damages regarding taxes owed to CRA (which CRA had thus far not claimed). Accordingly, the judge dismissed the counterclaim, holding that all claims in the counterclaim for indemnification were premature and not actionable because CRA had not as yet made any claims. For claims seeking damages for negligent advice as a result of CRA reassessment, the Ontario Court of Appeal has found that the limitation analysis is fact dependent, but likely begins, at the earliest and possibly later, when CRA reassesses (see see Lipson v. Cassels Brock & Blackwell LLP, 2013 ONCA 165 and Presidential MSH Corp. v. Marr, Foster & Co. LLP, 2017 ONCA 325).

Written by Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.