The plaintiff brought a motion under Rule 21.01(1)(a) seeking an order for the payment of a volume bonus commission prior to trial in a wrongful dismissal action.
The plaintiff sought leave to introduce extensive affidavit evidence.
The court dismissed the motion, finding that the interpretation of the employment agreement in light of alleged code of conduct breaches raised a question of mixed fact and law, not a pure question of law.
The court noted the motion was effectively an improper attempt to bypass the procedural requirements of a Rule 20 summary judgment motion, including mandatory attendance at Civil Practice Court, and warned against the risks of partial summary judgment.
