In the case of Stomp v. 3M Canada, dated September 29, 2023, the defendant, 3M Canada Company, brought a motion to strike the plaintiff Joseph Stomp's statement of claim, arguing that it did not provide a reasonable cause of action under Rule 21.01 of the Rules of Civil Procedure.
Mr. Stomp had been employed by 3M from September 1999 to January 2, 2022.
He had taken medical leave in August 2020 due to a heart attack, fall, and head trauma, during which he applied for short-term disability (STD) coverage.
After initially receiving STD benefits, his claim was denied, and an appeal was also unsuccessful.
Mr. Stomp returned to work in February 2021 and applied for long-term disability benefits, alleging a toxic work environment and failure to accommodate his disability by 3M.
The court, after considering the arguments, found that the statement of claim did not plainly and obviously lack a reasonable cause of action.
It recognized the plaintiff's claim of constructive dismissal based on a series of acts, including 3M's failure to accommodate his disability.
The court noted that the key allegation was the creation of a poisoned workplace, primarily due to a breach of the Code.
However, it emphasized that the core of the claim was a breach of the employment contract, and it allowed the case to proceed.
The defendant's motion to strike the entire claim was dismissed, and the plaintiff was awarded costs of $7,500.
