King v. Solna Offset of Canada Ltd., (1984) 3 O.A.C. 178 (CA)

• Judge: Zuber, Goodman and Cory, JJ.A.
• Court: Court of Appeal (Ontario)
• Case Date: March 06, 1984
• Jurisdiction: Ontario
• Citations: (1984), 3 O.A.C. 178 (CA)

King v. Solna Offset of Can. Ltd. (1984), 3 O.A.C. 178 (CA)

MLB headnote and full text

King v. Solna Offset of Canada Ltd.

Indexed As: King v. Solna Offset of Canada Ltd.

Ontario Court of Appeal

Zuber, Goodman and Cory, JJ.A.

March 15, 1984.

Summary:

A salesman sued his former employer for unpaid sales commissions. The Ontario County Court, in a decision unreported in this series of reports, allowed the salesman's action. The employer appealed.

The Ontario Court of Appeal allowed the appeal and dismissed the salesman's action. The Court of Appeal held that after being hired, a new compensation plan was accepted by all salesmen, which plan precluded recovery of commissions as claimed by the plaintiff.

Contracts - Topic 7125

Novation - Novation between same parties - General - After two years' employment, an employer presented its sales personnel with a new compensation plan - Under the new plan both base salaries and commissions were increased - The plaintiff and other employees failed to protest, continued their employment as before, and accepted benefits under the new plan - The Ontario Court of Appeal held that the plan represented a new contract between the same parties - See paragraphs 5 to 10.

Master and Servant - Topic 1815

Remuneration - Wages - Payment of - Quantum meruit - The Ontario Court of Appeal stated that the doctrine of quantum meruit could not apply to allow recovery of wages or commissions where there was a valid existing employment contract between the parties - See paragraph 11.

Counsel:

R.I. Smith, for the appellant;

R.S. Sleightholm, for the respondent.

This appeal was heard before Zuber, Goodman and Cory, JJ.A., of the Ontario Court of Appeal on March 6, 1984. The decision of the Court of Appeal was delivered orally by Zuber, J.A., and released on March 15, 1984.