Grant v. Great Atlantic and Pacific Co. of Canada
Wrongful Dismissal: Callous Treatment and Discovery Relevance
Summary
A wrongful dismissal case where the plaintiff alleged callous treatment during suspension and termination. The court applied the 'semblance of relevance' test to determine whether the defendant should be compelled to answer discovery questions related to the investigation and decision-making process. Questions deemed relevant to the issues of suspension, termination, and punitive damages were ordered answered. The plaintiff was substantially successful in the refusals motion and was awarded costs on a partial indemnity basis.
Outcome
Plaintiff substantially successful in refusals motion — costs awarded on a partial indemnity basis
Award
Costs fixed at $9,075, payable by the defendant by February 16, 2004
Key Factors
- wrongful dismissal
- callous treatment
- discovery relevance
- semblance of relevance test
- punitive damages
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This is legal information, not legal advice. Ontario Severance is an educational tool. If you are facing a serious employment law matter, consult with a qualified employment lawyer in Ontario.