AlarmForce ordered to pay Matlin court fees

TORONTO—AlarmForce Industries must pay $45,000 in court costs to company founder Joel Matlin and others after AlarmForce dropped a lawsuit that sought to bar two employees from working for Matlin's new company, ThinkProtection.

A Superior Court of Justice here ruled May 25, a month after AlarmForce dropped its suit, that Matlin, his son, Adam Matlin, and former AlarmForce employees David Costantini and Maciej Gerwel should be compensated for legal fees they incurred to fight it, according to Matlin.

Matlin told Security Systems News that all defendants are pleased both that AlarmForce decided not to proceed with the lawsuit and with the judgment about the legal fees.

“At the end of the day [AlarmForce] realized they didn't have legal grounds to stand on,” Matlin said.

Matlin founded AlarmForce in 1988. The super-regional, which says it is now Canada's second largest security company, provides alarm monitoring, personal emergency response monitoring, video surveillance and related services to residential and commercial subscribers throughout Canada and the United States.

Matlin was ousted as AlarmForce president and CEO in 2013. He filed an $11.3 million lawsuit against the company, which is pending, alleging he was wrongfully dismissed, claiming age discrimination. He was 65 at the time.

“I have no intention of dropping that case,” he told SSN.

After a non-compete agreement expired, Matlin announced that he was launching ThinkProtection, a U.S. and Canadian alarm company. That company is set to be up and running June 1.

He will serve as CEO and Adam Matlin will be COO.

Joel Matlin hired away former AlarmForce execs Costantini and Maciej to work for his new company as CFO and VP of IT, respectively, and that's when AlarmForce filed its suit.

AlarmForce CEO and president Graham Badun, who took over in early May, told SSN that AlarmForce “respects the decision of the courts.” He declined to comment further, noting that the lawsuit and the two employees involved predated his tenure at the company.

“We wish ThinkProtection well on the launch of the business,” he said.