Case Background: Anderson Fraser claims wrongful dismissal by IBM Canada Limited. A mediation in 2023 led to what Fraser asserts was a settled action. He moves to enforce this settlement, while IBM contests its enforceability.
Legal Proceedings: The case had its third conference to discuss procedural steps before hearing Fraser's motion, primarily focusing on whether cross-examinations on affidavits were permissible.
Key Disputes:
Simplified Procedure: Fraser argues his claim falls under Rule 76 (Simplified Procedure), limiting cross-examinations. However, IBM references a prior order allowing cross-examinations and questions the application of Rule 76 to this case.
Enforcement of Settlement: IBM asserts that to argue its case effectively, it needs to cross-examine Fraser, especially since his motion resembles a summary judgment process requiring thorough examination.
Court Decision:
The court extended the deadline for conducting cross-examinations to January 10, 2024, and maintained the terms of the previous August order.
It emphasized that the Simplified Procedure (Rule 76) does not entirely prohibit cross-examinations, especially in the context of enforcing a settlement.
Court's Observation: The judge noted the case's undue consumption of judicial resources, attributing much of this to the plaintiff’s actions, and urged efficient proceeding.
Costs: The court ruled that Fraser should bear IBM's costs for this case conference, no amount specified..
