N. Chsherbinin

In a wrongful dismissal action, the plaintiff amended their statement of claim against individual directors under s. 248 of the OBCA following a Court of Appeal decision.

The defendants brought a second motion to strike the amended claim, arguing it remained deficient.

At a case conference, the court determined it could not resolve the issue on a limited record and scheduled the defendants' motion to strike for a later date, while encouraging the parties to proceed with discovery and mediation.

The plaintiff, a former commissioned travel agent, brought a motion for leave to amend her statement of claim to allege a partnership, and for further and better affidavits of documents.

The defendants brought a cross-motion for further and better affidavits of documents from the plaintiff.

The court granted the plaintiff leave to amend, finding no non-compensable prejudice.

The court also ordered both parties to produce various financial, banking, and sales records relevant to the issues of the relationship's nature, mitigation, and alleged fraud, resulting in divided success.