The defendant City of Toronto brought a motion to strike the plaintiff's wrongful dismissal claim against it, arguing it was not the plaintiff's employer.
The plaintiff brought a cross-motion to amend her statement of claim to plead that the City was a common employer with the co-defendant child care centre.
The court found that the plaintiff's pleadings, even if amended, consisted of bald, conclusory allegations lacking material facts to support a common employer relationship under either the common law or the Employment Standards Act.
The court granted the City's motion to strike, denied the plaintiff's motion to amend, and dismissed the action against the City.