A. Chan

The plaintiff, Planet Paper Box Group Inc., sought to extend an ex parte interim injunction against its former sales representative, Mary McEwan, to restrain her from contacting customers and using confidential information.

The court dismissed the plaintiff's motion, finding that the initial ex parte motion was not urgent and that the plaintiff failed to make full and fair disclosure of material facts, particularly regarding the source of its information and the defendant's actual employer.

The court also ruled that the affidavit evidence based on information and belief was inadmissible due to the lack of specified sources, thereby eroding the evidentiary basis for the injunction.

The applicant, Helen Wong, brought a motion to amend her statement of claim to add three new defendants, including G4S, after the presumptive limitation period had expired.

Wong had suffered a slip and fall injury and initially sued the condominium corporation and its snow removal contractor.

New information, received after the limitation period, suggested G4S and another entity might also be liable for snow and ice removal.

G4S opposed the motion, arguing Wong failed to exercise due diligence.

The court granted the motion, finding that Wong had conducted reasonable investigations and that the incident report provided by G4S did not indicate their responsibility for exterior snow/ice removal, thus the discoverability principle applied to extend the limitation period.