The plaintiff sought leave to appeal an order striking his statement of claim with leave to amend.
The claim sought damages for wrongful dismissal and mental distress but failed to plead an independent actionable wrong to support the mental distress claim, as required by established jurisprudence.
The Divisional Court dismissed the motion for leave to appeal, finding no reason to doubt the correctness of the motion judge's order and awarding costs to the defendant on a partial indemnity basis.
