Case information
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33910
Kurt G.J. Soost v. Merrill Lynch Canada Inc.
(Alberta) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2011-04-19 | Close file on Leave | |
| 2011-04-15 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2011-04-15 | Judgment on leave sent to the parties | |
| 2011-04-14 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal of Alberta (Calgary), Number 0901-0309-AC, 2010 ABCA 251, dated August 27, 2010, is dismissed with costs. Dismissed, with costs |
|
| 2011-02-14 | All materials on application for leave submitted to the Judges, CJ Abe Cro | |
| 2010-12-02 | Applicant's reply to respondent's argument, Completed on: 2010-12-02 | Kurt G.J. Soost |
| 2010-11-22 | Respondent's response on the application for leave to appeal, Completed on: 2010-11-22 | Merrill Lynch Canada Inc. |
| 2010-10-25 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order | |
| 2010-10-22 | Application for leave to appeal, Final CA Order missing (Draft form rec'd Oct.29/10) (final rec'd Jan.20/11), Completed on: 2011-01-20 | Kurt G.J. Soost |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Soost, Kurt G.J. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Merrill Lynch Canada Inc. | Respondent | Active |
Counsel
Party: Soost, Kurt G.J.
Counsel
1407 - 2nd Street S.W.
Calgary, Alberta
T2R 0W7
Telephone: (403) 265-7744
FAX: (403) 265-7528
Email: kevin@mnllp.ca
Agent
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: emeehan@langmichener.ca
Party: Merrill Lynch Canada Inc.
Counsel
Julie G. Hopkins
Centennial Place, East Tower
1900, 520 - 3rd Ave., S.W.
Calgary, Alberta
T2P 0R3
Telephone: (403) 232-9443 Ext: 9677
FAX: (403) 266-1395
Email: fforan@blg.com
Agent
World Exchange Plaza
100 Queen Street, suite 1100
Ottawa, Ontario
K1P 1J9
Telephone: (613) 237-5160
FAX: (613) 230-8842
Email: neffendi@blg.com
Summary
Keywords
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Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Employment law – Unjust dismissal – Remedies – Loss of Reputation - Financial Advisor’s Book of Business – Loss of Clients - Whether Honda Canada Inc. v. Keays, 2008 SCC 39, [2008] 2 S.C.R. 362. damages should have been awarded – Whether Honda damages can be awarded for damages other than mental suffering – Scope and applicability of Honda damages – Whether there are issues of public importance raised.
The applicant, Mr. Soost, was a financial advisor employed by the respondent investment dealer/brokerage, Merrill Lynch. Mr. Soost was dismissed allegedly for cause. He commenced an action for damages for wrongful dismissal and numerous tort claims. The trial judge held that there was no just cause for Mr. Soost’s dismissal. The trial judge awarded $600,000 pay in lieu of notice, which was not appealed. Relying on the recent case of Honda Canada Inc. v. Keays, 2008 SCC 39, [2008] 2 S.C.R. 362, the trial judge awarded $1.6 million in damages for reputation and book of business or goodwill. The Court of Appeal allowed the appeal and quashed the $1.6 million damage award holding that it had no basis in law or in fact and that it contained an element of double-counting.
Lower court rulings
Court of Queen’s Bench of Alberta
0101-19156, 2009 ABQB 591
Action for damages for wrongful dismissal; and for reputation and book of business or goodwill allowed in the amount of $2, 200.000
Court of Appeal of Alberta (Calgary)
0901-0309-AC, 2010 ABCA 251
Appeal allowed relating to damage award for reputation and book of business or goodwill
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
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Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
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