Andrew Jay McCreary

In a wrongful dismissal action, the Plaintiff sought a further affidavit of documents and a litigation timetable, while the Defendant brought a cross-motion for a sealing order or, alternatively, an order requiring the Plaintiff to provide notice before filing confidential materials.

The court denied the sealing order as premature but granted the Defendant's request for 30 days' notice before the Plaintiff files any designated confidential documents.

The Plaintiff's request for unredacted documents was granted, but broad requests for other staff's performance reviews and hours were denied.

The court declined to impose a litigation timetable, finding the Plaintiff largely responsible for delays.

Costs were awarded to the Defendant.

The employee brought a motion for summary judgment seeking a declaration that a termination clause in his employment agreement was void for contracting out of minimum standards under the Employment Standards Act, 2000.

The dispute centered on a provision stating that bonuses would not be included in termination pay calculations except as otherwise agreed or required by statute.

The employee argued the clause unlawfully waived ESA rights contrary to s. 5(1).

The court held the provision, read harmoniously with the clause limiting termination entitlements to ESA minimums, did not contract out of the statute and simply confirmed bonuses would be included where required by law or later agreement.

The motion was dismissed and the action was summarily dismissed.