Years of commissions allegedly vanished, and now the boss himself could be on the hook
A long-serving engineer who says his employer left years of commissions and bonuses unpaid has been cleared to chase the company's president personally for the money, even as the business sits in receivership.
The April 20, 2026, ruling by Associate Justice McGraw of the Ontario Superior Court of Justice let David Smith, a professional engineer, amend his claim against Rotalec Canada Inc. and its president and sole director, Farhat Buchh. Smith can now seek to pierce the corporate veil to hold Buchh personally liable, and raise a mental-suffering claim against him from $100,000 to $500,000.
Smith worked for Rotalec, a Brantford, Ont., maker of industrial automation and customized robotics, from January 2000 until February 2020. He alleges that from 2006 the company paid him a 10 per cent commission on gross profits in his territories, but that the money went unpaid or arrived haphazardly, with no accounting despite repeated requests. He claims unpaid commissions from 2015 through 2020.
His pay shifted repeatedly. Smith says he signed a contract in August 2016 with a $59,510.88 base, then was promoted in January 2017 to regional manager on a $70,000 base. He alleges the company removed his 10 per cent commission in 2018 and brought in a plan paying a $75,000 base, commissions under six programs, allowances, and a $15,000 performance bonus.
Smith...
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