The plaintiff in a wrongful dismissal action brought a motion to strike paragraphs from the defendant's Statement of Defence that alleged cause for termination.
The plaintiff argued that the defendant had already admitted in its pleadings and on discovery that the termination was without cause.
The court granted the plaintiff leave to bring the motion despite having served a Notice of Readiness, finding that the defendant's subsequent motion regarding discovery refusals was an unexpected change in circumstances.
The court struck the impugned paragraphs, finding them irrelevant as the defendant had unequivocally pleaded that the termination was without cause and had not amended its pleadings to assert after-acquired cause.
