Claims by Plaintiff

• Wrongful dismissal
• Discrimination under the Human Rights Code
• Breach of good faith and fair dealing in dismissal process
• Intentional infliction of nervous shock/mental distress
• Seeking:
  • 14 months’ notice pay
  • General damages for Human Rights Code violations and mental distress
  • Moral damages for bad faith dismissal
  • Punitive damages for alleged malicious conduct

Defendant’s Position

• Terminated plaintiff for just cause due to wilful misconduct, disobedience, and neglect of duty.
• Filed a motion under Rules 25.11 and 25.06 of the Rules of Civil Procedure to strike portions of the plaintiff’s claim, arguing:
  • The allegations were prejudicial, frivolous, or vexatious.
  • They improperly introduced evidence instead of material facts.

Key Disputed Pleadings

• Plaintiff alleged that the defendant compromised workplace safety, citing an August 30, 2022, accident where an unlicensed technician suffered severe injuries.
• Plaintiff alleged similar mistreatment of other employees by supervisor Mr. Johnston, including unfair suspensions and resignations.

Court’s Decision

• Motion dismissed:
  • The allegations were relevant to wrongful dismissal and punitive damages claims.
  • The pleadings provided specific details, not just broad accusations.
  • The allegations would not unfairly delay the trial.
• Costs: Plaintiff awarded $4,000 in legal costs.

Legal Principles Applied

• Rule 25.11: Pleadings should not be struck unless clearly irrelevant or prejudicial.
• Rule 25.06: Material facts must be pleaded rather than evidence alone.
• Proportionality: The complexity of pleadings must be weighed against their probative value.