The defendant employer brought a motion to set aside a noting in default and to strike several paragraphs from the plaintiff's wrongful dismissal Statement of Claim.
The impugned paragraphs alleged that the employer had provided more favourable severance and pension arrangements to other terminated employees.
The court granted the motion, setting aside the noting in default and striking the paragraphs under Rule 25.11.
The court held that the treatment of other terminated employees is irrelevant to the assessment of the plaintiff's individual damages and would unnecessarily delay and complicate the trial.
