The defendant employer in a wrongful dismissal action brought a motion under Rule 25.11 to strike paragraphs from the plaintiff's Amended Statement of Claim and Reply and Defence to Counterclaim.
The defendant argued the paragraphs improperly pleaded privileged settlement discussions and without prejudice communications.
The Master partially granted the motion, striking the paragraphs that explicitly detailed settlement offers and negotiations as scandalous, frivolous, or vexatious.
However, the Master permitted the plaintiff to maintain pleadings alleging bad faith and after-the-fact cause, as these constituted material facts supporting claims for punitive and aggravated damages.
