Patrick v. Canada
T-2400-93
Strayer J.
19/8/94
5 pp.
Plaintiff seeking order requiring defendant's representative to answer questions on examination for discovery-Motion by defendant for summary judgment -- Action for breach of contract arising out of plaintiff's employment as Division Manager at Canadian military base in Lahr, Germany -- Contract signed for three years from October 21, 1991 to October 31, 1994 -- Position terminated June 1, 1993 -- R. 432.3(4)(a) authorizing judge to decide questions of fact and law on motion for summary judgment if able to do so on material before him -- Not sufficient evidence herein for Court to decide two essential issues identified by plaintiff-Parol evidence rule not necessarily ruling out evidence from plaintiff as to understanding of arrangement -- Various factors to be considered by trial judge -- Matter should go to trial-Plaintiff's motion for directions for further answers dismissed with respect to first and third questions -- Second question concerning severance paid to other employees for premature termination should be answered -- Incumbent upon trial judge to determine whether commitment made by employer to treat her as well as anyone else and if so, whether commitment formed part of contract of employment -- Federal Court Rules, C.R.C., c. 663, R. 432.3(4)(a) (as enacted by SOR/94-41, s. 5).