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ARTICLE · 20 SEPTEMBER 2011

Records Management @ Gowlings: September 13, 2011

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This decision concerned a motion brought by Sears Canada to strike certain allegations contained in the statements of claim of three separate plaintiffs.

CanadaMedia, Telecoms, IT, Entertainment
Louis Frapporti
Louis Frapporti
Christopher Purdon
Christopher Purdon
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Legal Technology

CASE LAW

Covelli v. Sears Canada Inc.,  2011 ONSC 1850

This decision concerned a motion brought by Sears Canada to strike certain allegations contained in the statements of claim of three separate plaintiffs.  The plaintiffs were alleging that Sears had adopted a corporate policy or practice of terminating employees for just cause as  a means of evading its statutory and common law obligation to provide reasonable notice or pay in lieu thereof.  Sears' position was that the allegations were an abuse of court process and would prejudice and delay the trial by making discovery assume potentially monstrous proportions.  Sears argued that the circumstances leading to the termination of other employees was not relevant.

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