The plaintiff, in a wrongful dismissal action, sought to amend his statement of claim to include claims for moral, aggravated, and punitive damages, alleging the defendant employer engaged in a bad faith campaign, including unwarranted disciplinary proceedings.
The defendant opposed certain amendments, arguing they constituted an abuse of process and a collateral attack on the ongoing disciplinary proceedings.
The court granted leave to amend, finding that the disciplinary process might not address the employer's bad faith motive, nor provide the same relief (employment-related damages), and that the amendments were not a collateral attack on the regulatory process itself but rather on the employer's alleged bad faith use of that process.
