The defendant in a wrongful dismissal action brought a motion to compel the plaintiff to answer five questions refused during his examination for discovery.
The refused questions related to a motor vehicle accident the plaintiff was involved in prior to his termination, and the subsequent litigation and settlement arising from it.
The defendant argued the information was relevant to mitigation and preventing double recovery.
The Master dismissed the motion, finding that the payment obligations of an unrelated tortfeasor are distinct from those of an employer, and therefore the motor vehicle accident litigation was not relevant to the quantification of wrongful dismissal damages.
