Henry Donald Coleman

The defendant brought a motion seeking to substitute its General Manager as its representative for examination for discovery instead of its President, who was selected by the plaintiff.

The plaintiff, a former employee, argued that the President was the only person with firsthand knowledge of the contract negotiations at the heart of the wrongful dismissal action.

Associate Justice Abrams denied the motion, finding that the President possessed sufficient knowledge of the matters in dispute and that examining him would not be oppressive.

The court concluded that substituting the representative would prejudice the plaintiff by filtering key evidence through a third party.

The plaintiff brought a motion under Rule 25.11 to strike portions of the defendant's statement of defence in a wrongful dismissal action.

The plaintiff sought to strike allegations of performance issues, arguing they were irrelevant as the termination was without cause, and allegations of a settlement offer.

The court agreed, finding the performance issues were not tied to the bonus claim as argued by the defendant, and that pleading a settlement offer or a 'reasonable termination arrangement' was irrelevant and improper.

The motion was granted and the offending paragraphs were struck.