The defendant, Precision Resource Canada Ltd., brought a motion in a wrongful dismissal claim seeking to strike the plaintiff's statement of claim or, alternatively, compel a further and better affidavit of documents due to alleged non-compliance with documentary discovery obligations.
The plaintiff, Henry Dawkins, opposed the motion, arguing it was disproportionate.
The court found the plaintiff's non-compliance clear and inadequately explained, but declined to strike the claim, instead ordering the plaintiff to serve a sworn further and better affidavit of documents and setting a revised deadline for examinations for discovery.
