The defendant employer moved to strike a pleading in a wrongful dismissal and human rights action alleging that it regularly hired younger employees.
The court held that the allegation was overly broad, irrelevant as pleaded, and would improperly expand discovery by invoking a comparator group untethered to the plaintiff’s business unit, time period, or other material limits.
The court also found affidavit material concerning the employer’s U.S. parent corporation irrelevant to the pleaded Canadian employment dispute.
The impugned plea was struck with leave to amend to narrow its scope.
