Case information
Consult our database for details on a Supreme Court of Canada case.
38788
James Anthony Manastersky v. RBC Dominion Securities Inc.
(Ontario) (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) |
|---|---|---|
| 2021-03-05 | Close file on Leave | |
| 2020-11-13 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2020-11-13 | Judgment on leave sent to the parties | |
| 2020-11-12 |
Judgment of the Court on the application for leave to appeal, Pursuant to subsection 43(1.1) of the Supreme Court Act, the case forming the basis of the application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C65121, 2019 ONCA 609, dated July 18, 2019, is remanded to the Court of Appeal for Ontario for disposition in accordance with Matthews v. Ocean Nutrition Canada Ltd., 2020 SCC 26. Remand |
|
| 2019-11-04 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2019-10-28 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2019-10-28 | James Anthony Manastersky |
| 2019-10-22 | Correspondence received from, (Letter Form), CA Order | James Anthony Manastersky |
| 2019-10-18 | Notice of name, (Letter Form) | RBC Dominion Securities Inc. |
| 2019-10-18 | Certificate (on limitations to public access), (Letter Form), 23A | RBC Dominion Securities Inc. |
| 2019-10-18 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2019-10-18 | RBC Dominion Securities Inc. |
| 2019-09-23 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED 2019/09/23 | |
| 2019-08-30 | Certificate (on limitations to public access), (Letter Form) | James Anthony Manastersky |
| 2019-08-30 | Application for leave to appeal, (Book Form), CA Order missing (rec'd 2019-10-22) , Completed on: 2019-11-04 | James Anthony Manastersky |
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 |
|---|---|---|
| Manastersky, James Anthony | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| RBC Dominion Securities Inc. | Respondent | Active |
Counsel
Party: Manastersky, James Anthony
Counsel
900 - 20 Queen Street West
Toronto, Ontario
M5H 3R3
Telephone: (416) 595-2108
FAX: (416) 204-2884
Email: nshapiro@kmlaw.ca
Agent
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 101
FAX: (613) 695-8580
Email: emeehan@supremeadvocacy.ca
Party: RBC Dominion Securities Inc.
Counsel
Geoff Mens
222 Bay Street, Suite 3000
P.O. Box 53
Toronto, Ontario
M5K 1E7
Telephone: (416) 216-4073
FAX: (416) 216-1981
Email: jeremy.devereux@nortonrose.com
Agent
45 O'Connor Street
Suite 1500
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-8654
FAX: (613) 230-5459
Email: matthew.halpin@nortonrosefulbright.com
Summary
Keywords
Employment law — Unjust dismissal — Executive compensation — Standard of review —Whether compensation for wrongful dismissal includes incentive type plans — What the standard of review applies for trial judges’ assessment of incentive plan compensation in Canada.
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.
James Manastersky was employed by RBC Dominion Securities Inc. in its RBC Capital Partners unit (RBCDS) for 13 years. During his employment, Mr. Manastersky participated in RBCDS profit-sharing plans, also known as carried interest plans (CIP). Mr. Manastersky was terminated without cause and commenced an action against RBCDS, seeking damages for wrongful dismissal. At trial, RBCDS conceded that it terminated Mr. Manastersky’s employment without cause. However, the appropriate period of notice, Mr. Manasterksky’s entitlements, and whether he mitigated damages were live issues at trial. The trial judge determined a reasonable notice period for termination was 18 months. The trial judge also found that Mr. Manastersky was entitled to damages for the lost opportunity to earn profits under the CIP. A majority of the Court of Appeal allowed the appeal, setting aside Mr. Manasterky’s award of damages.
Lower court rulings
Ontario Superior Court of Justice
CV-14-515182, 2018 ONSC 966
Plaintiff granted damages for dismissal based on 18 months’ notice of termination; lost opportunity to earn entitlements granted for 18 month period.
Court of Appeal for Ontario
C65121, 2019 ONCA 609
Appeal allowed in part; damages for lost opportunity to earn entitlements set aside.
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 613-996-8666 or at 1-844-365-9662.
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
Not available
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 613-996-8666 or at 1-844-365-9662.
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
Not available
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 613-996-8666 or at 1-844-365-9662.
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
Not available