The defendant employer brought a motion to strike a paragraph in the plaintiff's statement of claim that referenced a settlement offer made at the time of termination.
The plaintiff alleged the offer was abusive and warranted punitive damages because it withheld Employment Standards Act entitlements unless a release was signed.
The court dismissed the motion, finding that the pleading raised a valid claim for punitive damages with an air of reality, as the offer could be construed as containing a threat.
