The plaintiff, Krista Saarinen, brought a motion to compel the defendant, Rogers Communications Ltd., to answer refusals from discovery regarding termination packages of other employees and the defendant's HR practices for without-cause terminations.
Rogers initially refused based on relevance, arguing the plaintiff was terminated for cause and that other employees' packages were irrelevant to Bardal factors.
The court found the questions relevant because the plaintiff's claim extended beyond common law notice to implied contractual terms based on company policy/practice.
Rogers then asserted settlement privilege, but the court rejected this argument, finding that Rogers failed to provide any evidence to support the claim of privilege.
The motion was granted, compelling Rogers to answer the questions and pay costs to the plaintiff.