Benjamin Thomas Aberant

The plaintiff brought a refusals motion seeking an order that the defendant answer undertakings and refusals from the continued examination for discovery of its representative, and that the representative re-attend for a continued examination.

The motion addressed ten groupings of refusals relating to succession planning, supervisor qualifications and conduct, harassment policy, employment records, conflict of interest, and HR practices in a wrongful dismissal action alleging inducement and misrepresentation.

The court granted some questions and denied others across the groupings, finding divided success.

The defendant was ordered to answer within 45 days and the plaintiff was permitted one further one-hour examination by Zoom.

Each party was ordered to bear its own costs.

The defendant brought a motion for summary judgment to dismiss a wrongful dismissal action on the grounds that it was statute-barred under the Limitations Act, 2002.

The plaintiff was terminated on January 4, 2022, for non-compliance with vaccination policies.

He initially pursued proceedings in Federal Court, which were unsuccessful.

The plaintiff did not commence the present action until August 26, 2024.

The court found that the plaintiff knew or ought to have known all material facts necessary to discover his claim on the date of termination, and that the two-year limitation period expired on January 4, 2024.

The plaintiff's misunderstanding of the legal significance of the facts and his belief that the federal government was responsible did not suspend the running of the limitation period.

The motion was granted and the action was dismissed as statute-barred.