Ernest Tam

The plaintiff, a former registered perfusionist employed by the defendant hospital, brought a motion for leave to amend his statement of claim in a wrongful dismissal and human rights action, to transfer the action from simplified to ordinary procedure, and to impose a litigation timetable.

The proposed amendments added 48 new paragraphs, claims for moral/aggravated and punitive damages, and detailed factual allegations responding to the defence.

The court granted the motion in part, permitting most amendments as particularizations of the existing causes of action, but refused amendments relating to a forced resignation in February 2022 and mitigation-related allegations as new causes of action raised outside the limitation period.

The moving party sought leave to appeal the decision of Associate Justice Eckler dated September 26, 2025.

The Divisional Court dismissed the motion for leave to appeal and ordered no costs.