James Kurtz — supplied Word statement of claim

Draft / filing unverifiedSupplied copy · private research edition

Court: Ontario Superior Court of Justice, Hamilton
Proceeding: Blank in this copy; related defence CV-26-00094941-0000
Document format: Word (DOCX)
Date and filing status: 2026-05-01 · Draft or unverified filing copy: court file number, issuance date and registrar fields are blank. Filename date is not the issue or filing date.

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In plain language: Read the claim, the response and the outcome together. A claim is what someone says happened; it is not automatically a court finding. Open the original record to check the details.

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Supplied copies, not independently registry-authenticated. No judgment, settlement or damages award is supplied. Draft or unverified filing copy: court file number, issuance date and registrar fields are blank. Filename date is not the issue or filing date. The draft's paragraph 17 cross-reference to paragraph 9(d) appears stale; compensation particulars are actually in paragraph 11(d). Opening paragraph describes Dealer Support Manager, but paragraphs 5 and 11 describe Director of Service for all Product Lines; retain the inconsistency rather than resolve it. The supplied filename is dated April 23, but the counsel block is May 1, 2026; neither establishes issuance or filing.

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D007 · Source record S023 · Blank in this copy; related defence CV-26-00094941-0000

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Context

James Kurtz alleges that XCMG Canada dismissed him in October 2024 in retaliation for raising concerns about altered equipment serial plates. His supplied draft claim seeks compensation and additional damages. In a July 9, 2026 defence bearing Ontario court file CV-26-00094941-0000, XCMG Canada denies retaliation and says the dismissal arose from performance, conduct and confidentiality issues. The company says it investigated the reported safety concern and took corrective action. These are opposing pleadings; no judgment or merits finding was supplied, and the draft claim's issuance and exact filed version remain unverified.

Parties and roles

James Kurtz, plaintiff; XCMG Canada, defendant (XCMG Canada Ltd. in the claim body).

What this document records

Kurtz alleges dismissal on October 27, 2024 after approximately one year's employment and alleges that discipline and purported cause were a pretext for retaliation after reporting safety concerns. (D007 paragraphs 2, 7-10 and 12-13).
The draft alleges replacement of electric-scissor-lift serial plates to alter manufacturing years, potentially delaying inspections under CSA standards; it alleges reports to employees including CEO Victor Jiang. (D007 paragraph 7).
The draft claims active recruitment from Battlefield Equipment Rentals, employment commencement October 18, 2023, promotion May 16, 2024 and no enforceable contractual displacement of common-law reasonable notice. (D007 paragraphs 4-5 and 14-17).
Kurtz seeks 12 months' compensation of at least CAD171,720, plus CAD250,000 aggravated/punitive damages and CAD250,000 bad-faith damages, unspecified benefits and job-search expenses, interest and costs. Specified heads total CAD671,720; these are amounts sought, not awards, and possible overlap between compensation/benefits must not be presented as a proven loss. (D007 paragraph 1(a)-(i), paragraphs 16-21).