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Employer ordered to provide more comprehensive affidavit of documents in $600,000 wrongful dismissal case

by HR Law Canada

The Ontario Superior Court of Justice has directed the employer in a $600,000 wrongful dismissal suit to provide a more comprehensive affidavit of documents related to a reorganization.

The legal proceedings began on June 10, 2021, when the worker — AK — alleged wrongful dismissal and sought additional relief. The employer,S S&C Technologies Canada refuted AK’s claims and denied any obligation to provide “relief.”

Though the employer had promised to deliver a more exhaustive affidavit detailing non-privileged restructuring documents, the court found that the documents supplied were inadequate. In April 2022, the defendant served an unsworn affidavit of documents, which was followed by another unsworn supplementary affidavit served around June 15, 2023.

These actions were despite multiple follow-ups from AK’s counsel in April, May, and June of 2022 and 2023.

The employer argued that the motion for a better affidavit was premature and offered AK an additional two hours of examination for discovery to discuss any purported deficiencies. The court, however, ruled against this approach.

It was noted that the affidavit supplied did not sufficiently cover all documents in the corporation’s possession.

The ruling by the court emphasized that the documents, which were already agreed to be produced in prior correspondence between the parties, are relevant to the case. Moreover, it was clear from an email dated Jan. 6, 2021, that restructuring documents would have been in existence prior to that date.

Regarding costs, the court awarded AK $2,500, stating that the sum is “a fair and reasonable amount that the defendant could expect to pay to the plaintiff.” The defendant is expected to pay this amount within 30 days.

As per the court’s order, the defendant is now mandated to serve a sworn further and better affidavit that lists non-privileged restructuring documents, irrespective of when these documents were created.

HR Law Canada will continue to follow this case. For more information, see Kreinin v. SS&C Technologies Canada Corp., 2023 ONSC 5238 (CanLII)

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