The appellant submits that the respondent has been unjustly enriched. He "harpooned the whale" — brought the lucrative EarthLink contract to the respondent — but received no compensation for his efforts.
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On the trial judge's findings of fact, the appellant did not throw the first harpoon, the whale was not firmly on the line when his employment was terminated, and there was much work still to be done to bring it to shore. This work was not accomplished during the appellant's employment and his entitlement to commission did not arise during the reasonable notice period.
Holland v. Hostopia.Com Inc. |
2015 CarswellOnt 16985 |
Ontario Court of Appeal