Plaintiff
Defendant
Facts:
Judith May, the plaintiff, filed a wrongful dismissal claim against Saskatchewan Power Corporation (SaskPower), alleging bad faith conduct and seeking moral damages, solicitor-client costs, and corrections to the initial pleading. SaskPower opposed these amendments, arguing they were prejudicial, untimely, and improperly pleaded.
Legal Issues:
Court’s Analysis:
The court referenced Rule 3-72 of the King's Bench Rules, emphasizing that amendments should be allowed unless they cause non-compensable prejudice or unduly expand litigation. SaskPower's claims of prejudice were unsupported by evidence, and the amendments were deemed necessary to address real points of controversy. However, portions of the amendments were struck for being overly detailed, argumentative, or improperly pleading evidence.
Decision and Costs:
The court allowed Judith May to amend parts of her claim, including allegations of SaskPower’s bad faith and requests for moral damages, but struck several overly detailed sections. No costs were awarded, reflecting divided success.
Key Outcomes:
Court
Court of King's Bench for SaskatchewanCase Number
QBG-RG-00917-2016Practice Area
Labour & Employment LawAmount
Winner
Trial Start Date
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