In Nezhat-Mahal v. Cosmetica Laboratories Inc., 2022 ONSC 2458 Justice Vermette ruled that the Plaintiff’s choice to examine the President in a wrongful dismissal action was allowed because :
1. The President was the plaintiff’s direct supervisor.
2. The President signed the termination letter.
3. The President had sufficient ( not the best ) knowledge of the issues and facts.
4. The person that the Defendant proposed to be examined was the Plaintiff’s subordinate.
5. The fact that the President was a busy executive running a company of 658 employees who did not have the time to review the 3,000 pages of largely technical documents was not sufficient to oust the initial right of a party to choose which corporate representative they wished to examine.
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