Andrea Risk

The defendant Archdiocese moved to strike two paragraphs of the plaintiff's statement of claim, arguing they improperly pleaded evidence and similar facts regarding the abuser's conduct toward another victim.

The court found that pleading the history of charges and convictions was not pleading evidence, but rather material facts relevant to the institutional defendant's alleged failure to prevent abuse.

The court also held that pleading similar facts did not add undue complexity.

The motion was dismissed, save for a few words in one paragraph that improperly pleaded argument.

The plaintiff sought partial summary judgment for wrongful dismissal damages against her former employer.

The defendant opposed, arguing that genuine issues requiring a trial existed, particularly concerning the contextual analysis of just cause for dismissal, the plaintiff's state of mind regarding the disclosure of confidential information to her lawyer, and the risk of duplicative proceedings and inconsistent findings if partial summary judgment were granted.

The court dismissed the plaintiff's motion, finding that the evidentiary record was insufficient for a fair and just determination on the merits and that a full trial was necessary to resolve the complex factual and legal issues, including the employer's broader grounds for termination beyond those initially stated.