Claim based on waiver of tort was novel

Ontario civil | Civil Procedure

COMMENCEMENT OF PROCEEDINGS

Claim based on waiver of tort was novel

Plaintiff employed defendant. Employment agreement included covenant not to solicit employees when defendant left plaintiff’s employ. Defendant left employment with plaintiff to work with corporate defendant. Each member of personal lines team resigned employment with plaintiff and accepted employment with corporate defendant. Plaintiff claimed defendant breached non-solicitation clause. Defendants brought motion to strike out plaintiff’s statement of claim without leave to amend. In context of factual situation alleged statement of claim was adequate. Material facts with respect to damages should have been pleaded and leave to amend was granted. Allegation that corporate defendant was vicariously responsible was not struck out because it could not be said it had no hope of success. Allegations regarding damages for inducement of defendant by corporate defendant to breach non-solicitation clause and damages for inducement by defendant and corporate defendant on personal lines team were inadequate and was struck out with leave to amend. Claim for misrepresentation was not struck out. Claim based on waiver of tort was novel and it was premature to strike out pleadings. There was no basis to strike out claim for punitive damages.
Benson Kearley IFG Insurance Brokers v. Logan (Sep. 7, 2012, Ont. S.C.J., McKelvey J., File No. CV-11-106780-00) 220 A.C.W.S. (3d) 276.

Free newsletter

Our newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please enter your email address below to subscribe.

Recent articles & video

Disability claims involving toxic workplace allegations surge with return to office: injury lawyer

Finalizing divorce should not bar subsequent civil claim for sexual assault: lawyer Kevin McLaren

Cecile Applegate appointed as regional senior justice to the Ontario Court of Justice

Ontario Superior Court overturns arbitrator’s award in homebuyers’ contract dispute

Ontario Superior Court adjourns motion to add insurer as defendant in personal injury case

What to do if you’re a passenger in a car accident in Ontario

Most Read Articles

Recent Canadaland-WE Charity ruling example of anti-SLAPP 'misuse' says lawyer

Convocation: benchers approve research funding to underpin renewed equity agenda

Ontario Superior Court rejects plaintiff's bid for a simplified procedure in a car collision case

Ontario Superior Court enforces arbitral award despite improper notice claim