George v. 2411363 Ontario Inc. (Ontario Health Clinics Brantford FHO Inc.)

Key Points:

• Claim: Terry George sought to add three individuals as defendants in her wrongful dismissal suit, alleging they were her common employers.

• Issue: The motion to add them was dismissed on the basis that the limitation period had expired.

• Appellant's Argument:

  • She claimed she did not discover the basis for her claim against the individuals until 2021 during a discovery process.
  • Argued the motion judge narrowly interpreted her affidavit and overlooked her broader claim of being managed by these respondents.

• Court of Appeal's Findings:

  • The appellant knew sufficient material facts about the respondents' involvement as her common employers by the date of her termination in 2018.
  • The motion judge did not err in finding the limitation period expired.
  • The motion to add the individuals was rightly dismissed, and the appeal was denied.

• Costs: The appellant was ordered to pay $30,000 in costs to the individual respondents.