The plaintiff in a Rule 76 wrongful dismissal action brought a motion on the eve of trial seeking production of documents and answers to questions refused on discovery.
The plaintiff sought payroll records of allegedly related corporations to prove the defendant met the $2.5 million payroll threshold for statutory severance under the Employment Standards Act.
The Superior Court of Justice dismissed the motion, holding that leave is required to bring such a motion after an action is set down for trial.
The court further held that even if leave were not required, the requested production was disproportionate, unnecessary, and pertained to documents not in the defendant's control, making it unjust to adjourn the fixed trial date.
