Wednesday, May 11, 2011

Bourdeau loses round one



Superior Court Justice Christopher Bondy has denied whistleblower Norman Bourdeau’s claims against L.H. Gray and Sons Ltd., but it’s far from the final word in the lawsuits between the two.

I tend to agree with Bourdeau's comment that this is a minor issue.

Bourdeau filed a lawsuit accusing Gray of defamation, conspiracy and “other tortuous conduct” when Gray’s lawyers hit him with a lawsuit claiming breach of fiduciary duty, confidentiality, good faith obligations, defamation and intentional interference in economic relations.

Far more important in this battle between the two is how the judge will rule on Gray's lawsuit against Bourdeau.

Also yet to come are Bourdeau’s lawsuit against Gray for wrongful dismissal as the company’s chief information technology officer and his statement of claim.

Justice Bondy awarded $8,000 in costs that Bourdeau is to pay Gray.

The main event remains lawsuits filed by Svante Lind, owner of Best Choice Eggs at Blackstock, against Gray, Burnbrae Farms Ltd. and the Egg Farmers of Ontario marketing board.

Some of that saga is due to unfold in Superior Court in Oshawa on June 10, including the contentious issue about whether electronic data Bourdeau took from Gray can be allowed as evidence in the cases and, if so, how much.

Bourdeau says in court documents filed in London and Oshawa that the information reveals a conspiracy among Gray, Burnbrae and the egg board against Lind and that it shows Gray manipulated automatic egg-grading equipment to include cracks in retail-ready packages sold as Grade A eggs.

That, he says, amounted to $25 to $30 million worth of cracks sold as Grade A eggs each year for many years.

Gray has denied any wrongdoing.