Reyes v CMN Global Inc.

2015 ONSC 4463 (CanLII)Decided Wrongful dismissal

Wrongful Dismissal Claim Struck for Abuse of Process

Summary

This is a procedural ruling in a wrongful dismissal and whistleblowing action where the plaintiff's statement of claim was struck. The court found the pleadings radically defective and the claim constituted an abuse of process, as the plaintiff attempted to use the court system for whistleblowing purposes instead of the appropriate tribunal. The claim was struck without leave to amend, and costs were awarded against the self-represented plaintiff.

Outcome

Claim struck without leave to amend; costs awarded against plaintiff

Award

Costs awarded on partial indemnity basis

Key Factors

  • abuse of process
  • striking pleadings
  • wrongful dismissal
  • whistleblowing
  • deficient pleadings

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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.