2 total
Overbroad age-discrimination pleading struck with leave to amend.
The defendant employer moved to strike a pleading in a wrongful dismissal and human rights action alleging that it regularly hired younger employees.
The court held that the allegation was overly broad, irrelevant as pleaded, and would improperly expand discovery by invoking a comparator group untethered to the plaintiff’s business unit, time period, or other material limits.
The court also found affidavit material concerning the employer’s U.S. parent corporation irrelevant to the pleaded Canadian employment dispute.
The impugned plea was struck with leave to amend to narrow its scope.
Motion for further and better affidavit of documents dismissed as premature and based on speculation.
The plaintiff brought a motion seeking an order for a further and better affidavit of documents from the defendant and the imposition of a discovery plan.
The court declined to impose a discovery plan, directing the parties to agree on terms.
The court also dismissed the motion for a further and better affidavit of documents without prejudice, finding the plaintiff's request was based on speculation and lacked a proper evidentiary foundation prior to examinations for discovery.
