Nadia Halum Arauz

The plaintiff brought a motion for summary judgment in a wrongful dismissal action, arguing that the termination provisions in her employment agreement violated the Employment Standards Act, 2000 (ESA) and were therefore void.

The court found that the plaintiff, a sophisticated employee who received independent legal advice, entered into an agreement that explicitly incorporated ESA minimums and provided greater benefits in certain circumstances.

The court held that the 'just cause' provision did not contravene the ESA and dismissed the action against the parent and affiliate companies, finding no joint employer relationship.

The termination provisions were upheld as valid.

The defendant municipality brought a motion under Rule 30.10 for the production of non-party records from the plaintiff's former employer.

The defendant alleged after-acquired cause for the plaintiff's termination, claiming he used confidential information during his recruitment.

The plaintiff opposed the motion, arguing the defendant failed to meet the test for production.

The court granted the motion, finding the records were relevant to the pleadings and it would be unfair to require the defendant to proceed to discovery or trial without them.