The plaintiff brought a motion for disclosure of emails allegedly transferred by a former employee to a competing business.
However, in its factum, the plaintiff abandoned the relief sought in its notice of motion and instead requested a stay of a previous motion and security for costs.
The court dismissed the motion, holding that a party cannot seek entirely different relief in its factum than what was claimed in its notice of motion.
Alternatively, the court noted the motion would have been dismissed on the merits as the plaintiff already possessed the requested emails.
