Malcolm Woodside

The plaintiff brought a motion seeking leave for an additional 7 hours of discovery time for the defendant's representative in a wrongful termination action.

The plaintiff had already conducted 5.5 hours of discovery.

The defendant offered an additional 3 hours, while the plaintiff sought 7.

The court granted the plaintiff an additional 4.5 hours, resulting in a total of 6 additional hours of discovery.

The decision considered the defendant's imprecise pleading, the complexity of the case involving discrimination claims and examination of the defendant's conduct patterns, and the amount at issue.

The court declined to award costs to either party, noting the plaintiff's partial success but also the lack of negotiation efforts for the motion itself.

The plaintiff, a former managing director at the defendant bank, brought a motion to amend his statement of claim in a wrongful dismissal action.

He sought to add claims for unjust enrichment and disgorgement of profits, alleging the bank earned investment income on his withheld incentive compensation.

The court dismissed the motion, finding that the proposed amendments disclosed no reasonable cause of action.

The court held that the unjust enrichment claim failed because there was no corresponding deprivation to the plaintiff, and the disgorgement claim failed because damages for breach of contract were an adequate remedy.