Kidder v. Photon Control Inc., 2012 BCCA 327

Andi MacKay acted for the plaintiff, John Kidder, in connection with a wrongful dismissal claim and a claim for the recovery of monies paid pursuant to a loan agreement.

Mr. Kidder was involved in the development of fibre optic technology through a company called CST Coldswitch Technologies Inc. In the midst of negotiations with a potential partner, Mr. Kidder was advised that his employment was being terminated for cause and the company ceased paying money owed to him under a loan agreement he signed with the company. At trial, Andi was successful in establishing that Mr. Kidder had been dismissed without cause and the trial judge awarded him damages equivalent to 18 months’ notice. She also established that Mr. Kidder was owed approximately $340,000 under the loan agreement. Both findings were upheld by the Court of Appeal and an application for leave to appeal to the Supreme Court of Canada was dismissed.