The defendants brought a motion to strike the plaintiffs' claims for constructive dismissal, wrongful dismissal, discrimination, and bad faith, arguing they were new claims advanced after the limitation period expired.
The plaintiff had originally issued a Notice of Action including these claims, but the subsequent Statement of Claim focused on an independent contractor relationship.
The court found that the original Statement of Claim contained the essential facts giving rise to the cause of action, and the Fresh as Amended Statement of Claim simply asserted different legal conclusions from those facts.
The motion to strike was dismissed.
