2012 was a busy trial year for Robert Malen in which he appeared as counsel on three lengthy trials before the Ontario Superior Court of Justice. In the latest trial heard in October 2012, Robert was successful in acting for a property developer against whom claims had been made by a contractor for alleged work completed at the developer’s properties. Robert was successful in having all claims dismissed against his client, with costs on a substantial indemnity basis.
In October 2011, Robert successfully brought a procedural motion allowing the plaintiff to amend its claim to add certain parties. Robert was initially successful on the motion before the Ontario Master, and later before a Superior Court Judge when the Master’s decision was appealed (LDR Properties Inc. v 605446 Ontario Ltd. 2011 CarswellOnt 284 (Master) and 2011 CarswellOnt. 11543, A.C.W.S. (3d) 251 (Sup. Ct.)).
In June 2011, Robert successfully represented the former President of a large company on an issue involving the enforceability of severance provisions in the President’s employment contract. This was an important decision in the area of employment law and was reported in Wright v Young & Rubicam Group of Cos. (2012) C.L.L.C. 210-018.
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