Kelly Santini’s Danesh Rana and Kasia Knap successfully opposed a motion in Van Drunen v. Canadian Nuclear Laboratories, 2026 ONSC 1035, defeating an attempt to strike the Plaintiff’s claim or compel further particulars in a constructive dismissal action based on alleged gender discrimination and a toxic workplace.

The Ontario Superior Court of Justice dismissed the motion in full, finding that the Plaintiff had already provided sufficient detail to allow the Defendant to understand and respond to the case—particularly given that it had delivered a Defence, agreed to a litigation timetable, and participated in mediation. The Court also declined to restrict discovery, holding that internal workplace materials, including a DEI survey and ombudsperson report, may be relevant to the Plaintiff’s allegations and should not be pre-emptively excluded.

This decision underscores that parties must raise pleading deficiencies early and that courts will resist procedural steps that risk delaying the progress of an action, particularly where broader workplace evidence may be relevant to claims of systemic discrimination.