Law360 Canada (May 19, 2023, 5:53 AM EDT) -- Appeal by Boyer from the motion judge’s orders that dismissed his motion to strike Callidus Capital Corporation’s (Callidus) counterclaim and his motion for leave to amend his Statement of Claim and deferred his motion to dismiss the counterclaim and summary judgment motion in the main action. Callidus was a lender to distressed businesses in Canada and the United States. Boyer joined the firm as a Vice President. He was responsible for underwriting new loans and assessing potential borrowers. Boyer had no written employment contract. Boyer gave 18 months’ notice of his intention to retire at the end of 2016. Boyer testified his concerns about the company grew. He faced and witnessed verbal abuse and criticism, including threats. Boyer’s files were transferred from him. He left the company the following month, four months earlier than planned. Boyer commenced an action for wrongful dismissal. Callidus issued a counterclaim for $150 million alleging breaches of fiduciary duties related to three borrower clients, XTG Group (XTG), Horizontal Well Drillers (Horizontal) and Gray Aqua Group (Gray Aqua). Callidus alleged Boyer failed to provide honest and transparent reporting to Callidus....
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