The defendant, Rick Malatesta, brought a motion to strike portions of the plaintiff Lisa Taylor's Statement of Claim and Reply, arguing that they disclosed no reasonable cause of action against him personally, particularly for wrongful dismissal.
The plaintiff conceded the wrongful dismissal claim against Malatesta but sought to maintain a claim for intentional infliction of mental distress and punitive damages against him, and requested leave to amend her pleadings to clarify these claims.
The court dismissed the motion to strike the intentional infliction of mental distress claim, finding that the proposed amended claim adequately pleaded the necessary elements for this tort against Malatesta personally, and that corporate employees can be held personally liable for tortious conduct even if acting in the course of their duties.
The court granted leave to amend the Statement of Claim to clarify that the wrongful dismissal claim was against Chair Source only, and the intentional infliction of mental distress claim was against Mr. Malatesta only, with additional particulars.
The court awarded costs to the plaintiff, Lisa Taylor, due to the defendant's significant delay in bringing the motion and unreasonable conduct regarding settlement offers.