Responsibility for ineffective communication lay with sender

Ontario civil | Contracts

TERMS

Responsibility for ineffective communication lay with sender

Plaintiff brought claim for unpaid bonus earned for 2011, prior to his resignation from employment effective February 3, 2012. Defendant said bonus for 2011 was not payable under terms of written policy providing that there was no entitlement if employee was not active employee as at date bonus was due for payment, which was March 15, 2012. Claim allowed. Defendant attempted to communicate limiting terms of bonus policy to plaintiff’s attention by means of two e-mails. Neither e-mail contained actual message. Each contained attachment which, if opened, displayed overview and summary of incentive plan. Plaintiff conceded that e-mails were sent to his e-mail account, but denied seeing attachment until it was brought to his attention after Marcy 15, 2012. During his employment, plaintiff received 75 to 100 e-mails per day. Court concluded that more was required than two seemingly unimportant e-mails which were devoid of any message at all. In absence of contractual terms providing otherwise, responsibility for such ineffective communication lay with sender. Defendant was not entitled to rely on limiting terms and accordingly, plaintiff was entitled to payment of bonus in amount of $24,732.
Patterson v. Hanson Hardscape Products Inc. (Aug. 18, 2013, Ont. S.C.J., J. Sebastian Winny D.J., File No. Kitchener 1753/12) 231 A.C.W.S. (3d) 130.

Free newsletter

Our newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please enter your email address below to subscribe.

Recent articles & video

COVID-vaccine skeptic doctor loses anti-SLAPP case at Court of Appeal

Information and Privacy Commissioner calls for retention of public input in Policing Act amendments

Ontario Superior Court confirms party’s entitlement to broad medical and rehabilitation benefits

Ontario Court of Appeal upholds estate's right to full range of damages in a vehicle accident case

Legal groups voice concerns over Ford repeatedly saying he wants 'like-minded' judges

Upcoming FACL conference focused on AI’s impact on profession, advancing careers of Asian lawyers

Most Read Articles

Legal groups voice concerns over Ford repeatedly saying he wants 'like-minded' judges

COVID-vaccine skeptic doctor loses anti-SLAPP case at Court of Appeal

Legal Innovation Zone launches program to help legal tech entrepreneurs turn ideas into businesses

Upcoming FACL conference focused on AI’s impact on profession, advancing careers of Asian lawyers