The plaintiff, Mary Ann Lalonde, brought a motion to strike portions of the defendant Canadian Blood Services' statement of defence, specifically references to the 'plaintiff’s husband’s law firm,' arguing they were irrelevant, scandalous, frivolous, and vexatious.
The defendant argued these facts were material to the issue of repudiation of the employment contract.
The court granted the plaintiff's motion, finding the references immaterial to the claim or defence and serving no legitimate purpose other than to diminish the plaintiff's claim and cast her and her counsel in a negative light.
The court also ordered the removal of gratuitous underlining from the statement of defence by consent.
