The defendant employer brought a motion to strike paragraphs from the plaintiff employee's wrongful dismissal Statement of Claim, arguing they improperly disclosed privileged settlement offers.
The plaintiff argued the offers were threats relevant to his claim for bad faith and punitive damages.
The court found there was a triable issue regarding the characterization of the offers, applying an 'air of reality' test.
However, the court struck the impugned paragraphs with leave to amend because they improperly pleaded evidence rather than material facts.
