The defendants brought a motion to strike paragraphs of the plaintiff's amended statement of claim that sought an oppression remedy against the individual directors under s. 248 of the Business Corporations Act.
The plaintiff, a former employee suing for wrongful dismissal, alleged the directors acted oppressively by withholding vacation pay and dismissing him.
The court found that the plaintiff's pleaded reasonable expectations were held in his capacity as an employee, not as a creditor, and that the oppression remedy cannot be used as a surrogate for a wrongful dismissal claim.
The court struck the impugned paragraphs without leave to amend and awarded the defendants $8,500 in costs.
