Rishi Bandhu

The defendants brought motions to strike various portions of a statement of claim in an action alleging wrongful dismissal, defamation, conspiracy, inducing breach of contract, and intentional infliction of mental distress.

The court considered whether numerous allegations offended the pleading requirements of the Rules of Civil Procedure, including Rules 25.06 and 25.11.

Some paragraphs were struck as irrelevant, speculative, or lacking material facts, including portions relating to unrelated background allegations and speculative assertions.

Other allegations, including those concerning conspiracy and alternative pleadings regarding defamatory communications, were found to sufficiently plead material facts and were allowed to stand.

The court also ordered the plaintiff to provide further particulars for certain allegations and granted leave to amend where appropriate.

The moving party brought a motion under Rule 48.09 of the Rules of Civil Procedure seeking judgment in the terms of an alleged accepted settlement relating to companion actions for wrongful dismissal and disability benefits.

The motion sought to enforce the purported settlement agreement against the defendants.

The court relied on reasons released in a companion proceeding involving the same parties and identical relief.

For the reasons given in that related decision, the court dismissed the motion.

No costs were awarded in this proceeding because costs had already been addressed in the companion matter.

The plaintiff brought a motion under Rule 48.09 of the Rules of Civil Procedure seeking judgment enforcing an accepted settlement in a wrongful dismissal and disability benefits dispute.

Although a settlement agreement had been reached in principle, disputes arose regarding the characterization of settlement amounts, delivery of settlement documents, and requests for confirmation of the plaintiff’s capacity to enter into the agreement.

The plaintiff commenced a motion to enforce settlement before all settlement funds had been delivered.

The court found the motion to be premature and unnecessary, noting that payment timelines were reasonable given the circumstances and that no payment deadline existed in the Minutes of Settlement.

The court dismissed the motion and ordered the plaintiff to pay the defendant’s costs.

The plaintiff brought a motion seeking judgment in the terms of an accepted settlement under Rule 48.09 of the Rules of Civil Procedure in relation to wrongful dismissal and disability benefits actions.

By the time of the hearing, the settlement funds had been paid and the only remaining issue was costs of the motion.

The court reviewed the settlement timeline and found that payment was made within a reasonable period after the plaintiff’s counsel satisfied conditions required under the minutes of settlement.

The court held the motion to enforce settlement was premature and unnecessary, particularly given the absence of any payment deadline and the defendant’s ongoing communications.

Costs were awarded to the defendant for having to respond to the motion.

The plaintiff brought a motion for judgment enforcing an accepted settlement under Rule 48.09 of the Rules of Civil Procedure in relation to a wrongful dismissal action and a related disability benefits claim.

The motion sought identical relief to a companion motion in a related court file.

The court dismissed the motion for the same reasons provided in the companion decision released the same day.

As costs had already been awarded in the companion matter, no additional costs were ordered for this motion.