Philton Moore

The plaintiff dentist brought an action against his former employee for misappropriation of funds.

The defendant employee brought a motion to strike the statement of claim or for summary judgment dismissing the action, arguing it was statute-barred and lacked sufficient particulars.

The plaintiff brought a cross-motion to consolidate the action with the defendant's separate constructive dismissal action.

The court dismissed the defendant's motion, finding the pleadings sufficient and that genuine issues of material fact required a trial.

The court granted the plaintiff's motion in part, ordering the two actions to be tried together or consecutively to avoid multiplicity of proceedings.

The applicant filed an application alleging discrimination in employment because of disability.

Prior to the issuance of a Notice of Hearing, the applicant filed a Request for an Order During Proceedings seeking early production of documents to refute the respondents' claim of accommodation.

The Tribunal denied the request as premature, finding the applicant failed to establish the exceptional circumstances necessary to justify early production under Rule 16.

The applicant was ordered to file his Reply, and the matter was scheduled for mediation.

The applicant filed human rights applications against his employer and union alleging discrimination based on disability (depression and dependent personality disorder).

The respondents raised preliminary objections.

The Tribunal dismissed allegations against the employer prior to May 20, 2010 as an abuse of process, finding they were resolved by a prior settlement agreement.

The Tribunal also dismissed allegations against both the employer and the union that fell outside the one-year limitation period, finding the applicant failed to establish the delay was incurred in good faith.

An allegation regarding a collective agreement provision was dismissed for having no reasonable prospect of success.

The Tribunal declined to defer the remaining allegations pending a grievance process, as the grievance was deadlocked over the applicant's refusal to attend a substance abuse program.

The parties were ordered to file fresh pleadings for the remaining allegations.