S.F. Gleave

The court granted the defendants leave to amend their Amended Statement of Defence, finding that the proposed amendments—alleging an oral agreement regarding a book of business and constructive dismissal—would not cause non-compensable prejudice to the plaintiff.

The decision reviews the legal test for amendments under Rule 26.01 of the Rules of Civil Procedure, emphasizing that amendments should be allowed unless they cause injustice not compensable by costs or adjournment, are not tenable at law, or lack sufficient particulars.

The court found that the delay in seeking the amendments was explained and did not result in actual prejudice to the plaintiff, and that the amendments were based on facts already known to the parties.

The court dismissed Tar Heel Investments Inc.'s claims against H.L. Staebler Company Limited, Lisa Arseneau, and Debbie Sutton regarding the alleged wrongful sale and use of a transportation insurance book of business.

The court found that Arseneau was not merely an employee but entered into a quasi-partnership with PDI, retaining ownership of her book of business.

No binding agreement was reached regarding the TRIP book of business, and Arseneau was constructively dismissed when her employment terms were unilaterally changed.

The court held that neither fiduciary nor confidentiality duties survived the constructive dismissal, and there was no conversion, conspiracy, or breach of contract by the defendants.

The action was dismissed.