A. Monkhouse

The plaintiff brought a motion for summary judgment in a wrongful dismissal action.

Prior to the motion, the defendant accepted the plaintiff's Rule 49 offer to settle, resolving all issues except costs.

The court issued an endorsement setting a timetable for written costs submissions and remained seized of the matter.

The plaintiff in a wrongful dismissal action requested a case conference to schedule dates for discovery and mediation after the defendant delayed proceedings due to internal HR turnover.

The court established a litigation timetable, ordering examinations for discovery to be completed by January 14, 2022, and mediation by February 4, 2022.

The defendants brought a motion to strike portions of the plaintiff's statement of claim in an employment dispute over unpaid commissions, and sought to make an interlocutory injunction permanent.

The court also addressed the distribution of materials seized under an Anton Piller order.

The court declined to make the injunction permanent, finding the test was not met and damages would be an adequate remedy.

The court refused to strike the claims for unpaid commissions based on the limitation period, as discoverability was a genuine issue for trial.

However, the court struck the claims for negligent and fraudulent misrepresentation and loss of future income, granting the plaintiff leave to amend.

The defendant brought a motion and the plaintiff brought a cross-motion to compel answers to outstanding undertakings and refusals from examinations for discovery in a wrongful dismissal action.

The court ordered the plaintiff to provide information regarding mitigation and income, largely resolving the defendant's motion by agreement.

The court ordered the defendant to answer questions regarding the plaintiff's start date and who made the decision to terminate him, finding them relevant to notice and bad faith claims.

However, the court dismissed the plaintiff's request for answers regarding the HR manager's personal motives, finding them speculative and overbroad.

In the context of a pending summary judgment motion for a wrongful dismissal action, the parties brought four procedural motions.

The plaintiffs sought leave to file additional documents and a supplementary affidavit, and a declaration that they could attend each other's cross-examinations.

The defendant sought an order compelling the production of privileged communications.

The Master granted the plaintiffs' motions, finding they met the test for filing additional evidence and that there was insufficient risk of evidence tailoring to justify an exclusion order.

The defendant's motion for privileged documents was dismissed as there was no deemed waiver of solicitor-client privilege.

The plaintiff brought a motion for default judgment following her termination from the defendant employer.

The defendant's statement of defence had been struck for failure to appoint new counsel.

The court awarded the plaintiff six months' reasonable notice, unpaid overtime, and reimbursement for inappropriate clawbacks.

The court also awarded punitive damages equal to the amount of the plaintiff's statutory entitlements, as the employer had maliciously failed to pay them upon termination.