Berry v. Pulley

2007 CanLII 16446 (ON SC)Decided Class action - Employment

Class Action Employment: Fiduciary Duty Breach and Pleading Amendments

Summary

A class action employment case involving plaintiffs seeking to amend pleadings and certification orders to include claims of negligent misrepresentation and breaches of fiduciary duty by Air Canada MEC members. The court granted leave for some amendments but denied others, and allowed further cross-examination and additional discovery of class members.

Outcome

Leave granted for negligent misrepresentation and amendment of certification order subject to redrafting; leave denied for additional fiduciary duty claims and post-certification breaches.

Key Factors

  • class action employment
  • fiduciary duty breach
  • amendments to pleadings
  • certification order
  • discovery of class members

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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.