The appellant, an employee, appealed a motion judge's order striking parts of his statement of claim in a wrongful dismissal action, which included claims against corporate directors for unpaid vacation pay under the Employment Standards Act, 2000 (ESA) and the Business Corporations Act (OBCA), and for oppression under the OBCA.
The Court of Appeal upheld the striking of the ESA claim without leave to amend, finding the statutory preconditions were not met.
It also upheld the striking of the OBCA oppression claim with leave to amend, noting insufficient pleading of reasonable expectations.
However, the Court set aside the striking of the OBCA s. 131 claim for unpaid vacation pay without leave to amend, finding material facts were pleaded, and allowed it to proceed with amendment.
It also set aside the striking of certain paragraphs (14-23) related to the reprisal claim and varied the striking of paragraph 40, only removing irrelevant allegations.
The original costs award against the appellant was reduced to reflect his partial success on appeal.
