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.
