Case information
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41606
Matthew Preston v. Cervus Equipment Corporation
(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) |
|---|---|---|
| 2025-08-01 | Close file on Leave | |
| 2025-08-01 |
Correspondence (sent by the Court) to, parties, RE: Certificate of Taxation |
|
| 2025-07-30 | Decision on the bill of costs, in the amount of $1,151.18, Reg | |
| 2025-07-30 | Certificate of taxation issued to, Tudor Carsten | |
| 2025-07-30 | Submission of the bill of costs, Reg | |
| 2025-06-10 | Bill of costs, Completed on: 2025-06-16 | Cervus Equipment Corporation |
| 2025-05-15 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-05-15 | Judgment on leave sent to the parties | |
| 2025-05-15 |
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 for Ontario, Number COA-24-CV-0325, 2024 ONCA 804, dated November 1, 2024, is dismissed with costs. Dismissed, with costs |
|
| 2025-03-24 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-02-07 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2025-02-07, (Printed version filed on 2025-02-07) | Matthew Preston |
| 2025-01-28 | Notice of name, (Letter Form), (Printed version filed on 2025-01-29) | Cervus Equipment Corporation |
| 2025-01-28 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2025-01-29) | Cervus Equipment Corporation |
| 2025-01-28 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2025-01-28, (Printed version filed on 2025-01-29) | Cervus Equipment Corporation |
| 2024-12-20 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED | |
| 2024-12-19 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2024-12-20) | Matthew Preston |
| 2024-12-19 |
Application for leave to appeal, (Book Form), Missing: - CA Order, Completed on: 2025-03-25, (Printed version filed on 2024-12-20) |
Matthew Preston |
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 |
|---|---|---|
| Preston, Matthew | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Cervus Equipment Corporation | Respondent | Active |
Counsel
Party: Preston, Matthew
Counsel
Kenneth Alexander
Shibil Siddiqi
174 Davenport Road
Toronto, Ontario
M5R 1J2
Telephone: (416) 323-3252
FAX: (416) 921-3662
Email: KFox@davenportlaw.ca
Agent
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: emeehan@supremeadvocacy.ca
Party: Cervus Equipment Corporation
Counsel
Titus Totan
Stephanie C. Kolla
1 First Canadian Place
100 King St. W., Suite 6000
Toronto, Ontario
M5X 1E2
Telephone: (416) 365-3505
FAX: (416) 777-7409
Email: tudor.carsten@dlapiper.com
Agent
440 Laurier Ave. West
Suite 200
Ottawa, Ontario
K1R 7X6
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca
Summary
Keywords
Employment law — Interpretation of settlement documents — Standard of review — Whether the settlement documents released the applicant’s claim for damages with respect to certain vested stock units — Whether employers can use broadly worded releases to deprive employees of their property — Should releases in employment cases be interpreted differently than other commercial contracts — Is it an extricable error of law for judges to consider the economic benefits conferred under a contract when assessing the factual matrix.
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.
The applicant was terminated without cause. The applicant commenced an action for wrongful dismissal which was eventually settled. The value of the applicant’s vested stock units was $75,949.81. At issue is the scope of a release and indemnity and minutes of settlement (the “Settlement Documents”) executed by the applicant after he was terminated from his employment. The motion judge found that the Settlement Documents did not include a release of the claim to the vested stock units and, accordingly, the applicant was entitled to receive compensation for his vested units. The motion judge awarded the applicant compensation in the amount of $75,949.81 for the value of the vested stock units. The Court of Appeal allowed the appeal.
Lower court rulings
Ontario Superior Court of Justice
CV-18-00608716-0000
Applicant awarded $75,949.81
Appeal allowed with fixed costs
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
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 613‑996‑7933 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
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 613‑996‑7933 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
Not available