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by Mike Caswell

Steven Vestergaard, former president of Destiny Media Technologies Inc., has lost a wrongful dismissal lawsuit that he filed against the company in the Supreme Court of British Columbia, with a judge finding him to be "ungovernable as an employee." Among other things, Mr. Vestergaard worked on a personal business during company time and failed to produce documents requested by Destiny's board. He was also insubordinate when the company tried to investigate, with his actions amounting to "wilful disobedience."

The loss for Mr. Vestergaard is contained in a decision released on Monday, Oct. 27. The ruling comes just over eight years after Mr. Vestergaard sued Destiny, claiming that the company's board conspired to remove him as president. He said that the company wrongfully accused him of poor attendance and of acting in a conflict of interest. Moreover, the company publicly disclosed his firing, causing him humiliation and mental distress, he claimed.

Unfortunately for Mr. Vestergaard, the judge has denied his claim entirely. The case went to a trial in November and December, 2024, before Madam Justice Sheila Tucker, who has ruled that Destiny had more than one good reason to fire Mr. Vestergaard. In particular, he spent large amounts of "company time" working on a private business in which he had acquired an interest in 2016. That business comprised a cafe and general store in Lions Bay, B.C., which later expanded to include the sale of liquor and propane.

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