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The court dismissed an employer's motion to strike wrongful dismissal pleadings that alleged similar acts of workplace mistreatment and safety violations.
The court considered a motion by the defendant to strike portions of the plaintiff’s statement of claim in a wrongful dismissal action.
The impugned pleadings alleged similar acts of unsafe practices and unfair treatment of other employees.
The court held that these pleadings were relevant and not improper, as they provided context for the plaintiff’s claims and notice to the defendant.
The motion to strike was dismissed, and costs were awarded to the plaintiff.
Defendants noted in default in lien action, but default judgment against owner dismissed.
The plaintiff subcontractor brought a motion without notice to note the defendants in default and for default judgment in a construction lien action.
The court found that the defendants failed to file statements of defence within the required 20-day period under the Construction Act and ordered them noted in default.
However, the court dismissed the motion for default judgment against the owner, finding no valid claim for unjust enrichment against an owner and that holdback liability requires a prior declaration of a valid lien.
The motion for default judgment against the contractor defendants was adjourned to an oral hearing to ensure proper notice.
