Ben Markusoff

The defendant, Toronto Transit Commission (TTC), brought a motion for leave to amend its statement of defence in a wrongful dismissal action.

The plaintiff, David Moskowitz, did not oppose the amendment but sought costs thrown away from cancelled discoveries as a term of the amendment, and also requested case management and a litigation timetable.

The court granted leave to amend without awarding costs thrown away to the plaintiff, denied the request for case management, but imposed a litigation timetable.

The court found the plaintiff's position on costs disproportionate and ordered the plaintiff to pay the defendant's costs of the motion.

The plaintiff, Morgan Canada Corporation, sought extensive injunctive relief against former employees and their new employer, alleging breach of fiduciary duties, breach of confidence, and spoliation.

The court found that Morgan Canada failed to establish a strong prima facie case for any of its claims, including that the former employees owed fiduciary duties or misused confidential information.

The court also found no irreparable harm and that the balance of convenience strongly favored the defendants.

The motion for injunctive relief, appointment of an inspector, and a sealing order were dismissed.