The respondents moved to convert an oppression application into an action and consolidate it with three wrongful dismissal actions brought by the applicants.
The respondents argued that the dispute involved complex factual and credibility issues that required oral discovery and a trial.
The court dismissed the motion as premature, finding that the respondents had not yet delivered responding evidence and had failed to clearly identify credibility issues that could not be resolved on a paper record.
The court held that the application judge would be in a better position to determine whether a trial is necessary after the evidentiary record is fully developed.
