Kachra v. OPSEU Pension Trust
Wrongful Dismissal: Non-Party Discovery for Damages
Summary
This is an interlocutory procedural decision in a wrongful dismissal action concerning the granting of leave to examine a non-party under Rule 31.10. The court determined that fairness required the examination to obtain information regarding the defendant's knowledge of employee complaints about harassment and bullying, which were central to the plaintiff's claims for moral and punitive damages. The court also addressed whether a non-disclosure agreement barred the examination and awarded costs to the plaintiff.
Outcome
Leave to examine non-party granted; costs awarded to plaintiff
Award
All-inclusive sum of costs ordered payable within specified time
Key Factors
- wrongful dismissal
- discovery
- non-party examination
- moral damages
- punitive damages
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