Nicole A. McAuley

The plaintiffs, former executives of the Durham College student association (DCSI), sued Durham College and DCSI following their termination by DCSI.

Durham College brought a motion for summary judgment to dismiss the claims against it, arguing it had no involvement in the termination and owed no duty to supervise DCSI's employment relationships.

The court granted the motion, finding that the governing legislation prohibited Durham College from interfering with DCSI's normal activities, precluding any duty of care.

The court also dismissed the plaintiffs' claims for negligent misrepresentation, intentional infliction of mental distress, specific performance, and discrimination due to lack of evidence and insufficient pleadings.

The applicant filed a Request for Order During Proceeding to add two respondents, amend the application to include the social area of goods and services, and add related allegations.

The Tribunal granted the requests, noting that the application was at an early stage, mediation had not taken place, and the proposed new respondents did not object to being added.

The plaintiff sought leave to amend her statement of claim to add her husband as a plaintiff and the third parties as defendants, arguing discoverability of new information after the initial limitation period.

The court granted the motion, finding a credibility issue regarding the timing of discoverability that warranted resolution at trial, and that the plaintiff and her husband had provided a reasonable explanation for the delay in discovering the potential claims against the third parties and the need to add the husband as a plaintiff.