2 total
Request to amend human rights application to add reprisal allegations granted despite late stage of proceeding.
The applicant sought to amend her human rights application to add allegations of reprisal related to events that occurred after she began her maternity leave.
The respondents opposed the request, arguing it was untimely, prejudicial, and included privileged settlement communications.
The Tribunal granted the request to amend, finding that the new allegations related to continuing exchanges between the parties and would not require additional witnesses, thus causing no prejudice to the respondents despite the late stage of the proceeding.
Procedural steps within a jurisdiction motion did not constitute attornment.
In a wrongful dismissal action, the appellants challenged Ontario jurisdiction and argued that procedural steps they took within that challenge did not amount to attornment.
The Court of Appeal held that requests for a temporary stay and to strike the amended pleading were procedural steps confined to obtaining a proper foundation for the jurisdiction motion and did not go beyond challenging jurisdiction.
The court therefore set aside the motion judge's ruling on attornment.
Exercising its appellate power, the court dismissed the temporary stay motion on the merits because the bankruptcy stays affecting the corporate defendants were unlikely to be lifted, and it ordered no costs given divided success.
