Date: 2011-03-23. Docket: Master Sproat. | Link
In a wrongful dismissal case, defendants moves to strike claims alleging "that Sears has adopted a corporate policy or practice of terminating employees for just cause, notwithstanding that it knows or ought to know that no just cause at law exists, as a means of unlawfully evading its statutory and common law obligation to provide employees with notice of termination, or compensation in lieu of notice". Defence expects the allegation will result in discovery of "monstrous proportions". Court sorts through conflicting authorities and concludes that the claims are not "scandalous, frivolous and vexatious or otherwise an abuse of process", agreeing that discovery plan process can be used to place parameters on the information that can be obtained, including "staged production".