The defendant employer in a wrongful dismissal action brought a motion under Rule 26.01 to amend its Statement of Defence and Counterclaim to plead after-acquired cause, alleging the plaintiff misled it regarding his involvement in a fraudulent hedge fund.
The plaintiff opposed, arguing the amendments were legally untenable because the employer knew of the allegations before termination.
The court granted the motion, finding the proposed amendments were legally tenable and the plaintiff failed to demonstrate non-compensable prejudice.
The court also ordered limited further discovery on the amendments but denied the plaintiff's request to examine a second corporate representative.
