Background: Unisys Canada sued Andrea Pineau-Pandya for breaching post-employment duties, including fiduciary duty. Pineau-Pandya sought a summary judgment to dismiss the claims based on settlement privilege, asserting she was not informed she was considered a fiduciary during settlement negotiations.
Amendment Motion: Pineau-Pandya requested to amend her Statement of Defence to include claims of estoppel and wrongful dismissal. The Plaintiff consented to the estoppel claim but opposed the wrongful dismissal claim, arguing it was settled in a 2017 Settlement Agreement.
Legal Arguments:
Defendant: Argued the amendment raises a justiciable issue and is not in bad faith. The wrongful dismissal claim serves as a defense, not to relitigate the settled issue.
Plaintiff: Claimed allowing the amendment would reopen settled matters and cause prejudice that cannot be compensated by costs. Argued the amendment was made in bad faith and would undermine the integrity of settlement agreements.
Decision: The court allowed the amendments to the Statement of Defence, finding:
The proposed wrongful dismissal defense raises a justiciable issue.
There was no evidence of bad faith or serious prejudice to the Plaintiff that cannot be compensated by costs.
Costs: The court awarded costs to the Plaintiff due to the need for the motion but noted that further costs related to the amendment should be agreed upon by the parties. No specific amount was provided in the decision.
