2 total
Motion to strike corporate defendants dismissed; pleadings supported possible common employer relationship.
The defendants moved to strike several corporate defendants from a wrongful dismissal action on the basis that the statement of claim disclosed no reasonable cause of action against them.
The plaintiff alleged she was employed by a group of related corporations operating collectively and that they wrongfully dismissed her and withheld personal property.
Applying the test for striking pleadings, the court held that the pleadings and incorporated documents sufficiently alleged a common employer relationship among the corporate defendants.
It was not plain and obvious that the claim against the additional defendants had no reasonable prospect of success.
The motion to strike was therefore dismissed.
Application for judicial review of human rights decision dismissed due to unexplained 26-month delay.
The respondent employer brought a motion to dismiss the applicant's application for judicial review of a Human Rights Tribunal of Ontario decision on the basis of delay.
The applicant had delayed 26 months in filing his application and a further three months in perfecting it, without providing a cogent explanation.
The court found that the delay caused actual prejudice to the respondents, as a key witness had since been dismissed and another respondent had already undergone a full hearing on related issues.
The motion was granted and the application for judicial review was dismissed.
