CITATION: Weitzman v. SAP Canada Inc., 2010 ONCA 274

DATE:20100413

DOCKET: C51084

COURT OF APPEAL FOR ONTARIO

Doherty, Feldman and Cronk JJ.A.

BETWEEN:

Peter Weitzman

Plaintiff (Appellant)

And

SAP Canada Inc.

Defendant (Respondent)

Raj Anand and Barry Goldman for the appellant Jeffrey E. Goodman and Adam S. Goodman for the respondent

Heard and endorsed:  April 9, 2010 On appeal from the Order of Justice Craig Perkins of the Superior Court of Justice dated August 31, 2009 and September 18, 2009.

APPEAL BOOK ENDORSEMENT

[1]              This action arose out of a failed employment relationship. The employer brought a motion for summary judgment for dismissal of two of the causes of action based on the passage of the limitation period. The motion judge granted summary judgment dismissing the misrepresentation claim but dismissed the motion on the contract claim. The employee appealed the former decision.

[2]              In our view, the motion judge erred in granting summary judgment dismissing the misrepresentation claim. The motion judge found in respect of the employer that “there may not have been a definitive decision to breach the contract until as late as 2007.” In our view, this finding applies equally to both causes of action and is effectively a finding that discoverability by the employee of the falsity of the recruitment representation regarding the $500,000 is a triable issue.

[3]              The appeal is therefore allowed and the order granting summary judgment is set aside with costs fixed at $12,000 inclusive of G.S.T. and disbursements.