In this wrongful dismissal action, both parties brought motions.
The plaintiff sought leave to amend his statement of claim to include a claim for 2.5% of gross profits and to plead bad faith litigation conduct for moral damages, and also sought further document production.
The defendants brought a cross-motion to compel the plaintiff to authorize his former counsel to deliver a file from a prior wrongful dismissal claim.
The court granted the plaintiff leave to amend his pleading, affirming that bad faith litigation conduct can support a claim for moral damages in the employment context.
However, the plaintiff's request for division-specific gross profit documents was dismissed as irrelevant to his pleaded claim for company-wide gross profit and due to the defendants' assertion of no further documents.
The plaintiff's request for a further and better affidavit of documents was partially granted, requiring the defendants to provide an unaltered bonus plan (with redacted employee names) and a Schedule C for purged documents.
The defendants' cross-motion for the former counsel's file was dismissed, primarily due to lack of relevance (as similar fact evidence was not pleaded) and solicitor-client privilege.
Due to mixed success, each party was ordered to bear their own costs.
