The defendants moved for summary judgment to dismiss the plaintiff's wrongful dismissal claim, arguing it was statute-barred under s. 97(2) of the Employment Standards Act because the plaintiff had previously filed an ESA complaint.
The plaintiff, who was terminated for alleged theft of prescriptions, also pleaded intentional torts including negligent misrepresentation and conspiracy.
The court dismissed the motion, finding that the ESA adjudication scheme was not intended to bar independent claims for intentional torts, and the civil action should proceed to trial where the trial judge can determine if the severance claim is barred alongside the independent causes of action.
