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Thursday, July 16, 2026

Fairwater executive must produce tax, phone records in wrongful dismissal fight - hcamag.com

Why an old tax return suddenly mattered in an executive's dismissal case

An investment firm executive suing for wrongful dismissal has lost his bid to keep two things private from the employer he is suing: an old tax filing and a full month of his family's phone records.

The executive began as Fairwater Capital Corporation's president and chief investment officer on January 2, 2020, and was terminated on or about June 29, 2020. He later sued for wrongful dismissal, claiming $990,000 plus interest and costs. In a decision released June 29, 2026, Associate Justice P.J. Barnes of the Ontario Superior Court of Justice ruled on the employer's motion to compel documents.

Fairwater wanted three things. It asked whether the executive had filed a 2019 Canadian income tax return and, if so, a copy of it. It sought the full February 2020 cell phone bill, of which only 4 of 27 pages had been produced. And it asked for more time to question him under oath.

The executive opposed the motion on every point, calling the tax question irrelevant and arguing that the 23 withheld phone pages held nothing but the private calls of his spouse and children. Barnes granted the motion.

Why an old tax return mattered

The employer's position was that the executive's earnings before he joined the firm were relevant, because his own pleadings raised his professional history. Barnes agreed, finding that the amended statement of claim had placed his qualifications, employment background and business...



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