E. Brosseau

In a wrongful dismissal action, the plaintiff brought a motion to strike the defendant's statement of defence, alleging a pattern of delay and evasion in fulfilling discovery obligations and answering undertakings.

The defendant argued it had made best efforts but was hindered by the sale of its assets and records to a third party, which had restricted access due to the COVID-19 pandemic.

The court declined to strike the defence, finding the defendant's efforts were genuine and its conduct did not rise to the level of deliberate or unequivocal default.

However, the court ordered a limited two-hour re-examination of the defendant's representative and appointed itself for light-touch case management to ensure the action progressed.

The plaintiffs were completely successful on a motion for leave to amend their Statement of Claim.

Both parties sought costs of the motion.

The defendant argued that the plaintiffs received an indulgence and should not be awarded costs, or should pay the defendant's costs.

The court found that while the amendment was an indulgence, the defendant raised multiple meritless arguments that unnecessarily lengthened the proceeding.

The court awarded costs to the plaintiffs fixed at $7,000.