May v SaskPower
Judith May
Law Firm / Organization
Gerrand Rath Johnson LLP
Lawyer(s)

John M. Williams

Saskatchewan Power Corporation
Law Firm / Organization
MLT Aikins LLP
Lawyer(s)

Eileen Libby, K.C.

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:

  1. Were the proposed amendments prejudicial or likely to delay the trial?
  2. Did the amendments improperly include arguments, opinions, or evidence, making them immaterial or redundant?
  3. Did the amendments attempt to relitigate issues previously decided?

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:

  • Judith May gained permission to advance key claims, ensuring fair consideration of alleged bad faith.
  • SaskPower retained the opportunity to defend against these claims in amended pleadings.
Court of King's Bench for Saskatchewan
QBG-RG-00917-2016
Labour & Employment Law