Andrew J. McCreary

Two organizations, the Ontario Chamber of Commerce (OCC) and the Canadian Association of Counsel to Employers (CACE), brought motions for leave to intervene in an appeal concerning the enforceability of 'without cause' and 'with cause' termination provisions in an employment contract.

The respondent employee opposed the motions, arguing the appeal was a private dispute and intervention would cause duplication and imbalance.

The motion judge found the appeal raised broader public policy issues regarding employment standards legislation.

To avoid the appearance of unfairness and duplication, the court granted leave to intervene to the OCC but dismissed CACE's motion.

The plaintiff moved to reopen a prior decision that had set aside an Anton Piller Order obtained against a former employee who joined a competitor, seeking to introduce fresh evidence allegedly showing the defendant and a third‑party competitor misled the court about future competition and misuse of confidential information.

The court applied the test for admission of fresh evidence, requiring proof that the evidence could not have been obtained earlier with reasonable diligence and that it would probably have changed the result.

The alleged new material largely concerned post‑hearing developments, including lobbying activities, industry publications, and a later government refit contract, which at most demonstrated potential future competition.

The court held that such evidence was irrelevant to the purpose of an Anton Piller Order, which is limited to preserving evidence of past wrongdoing.

The moving party therefore failed to show the evidence would have altered the earlier decision or remedied the prior failure to provide full and frank disclosure.