The personal defendant sought leave to appeal a decision refusing to strike the plaintiff's wrongful dismissal claim against him.
The plaintiff alleged the personal defendant, as the owner and directing mind of the corporate defendants, was a common employer.
The Divisional Court granted leave to appeal, finding good reason to doubt the correctness of the motion judge's decision regarding the personal defendant's liability, as allowing the claim to proceed without specific allegations of independent action could subject all directors to such lawsuits simply based on their position of control.