The plaintiff, a Captain in the Canadian Forces, brought a motion for an interlocutory injunction to prevent the military from requiring her to undergo a psychosocial assessment, and a civil action seeking damages for alleged Charter breaches.
The defendant argued the court lacked jurisdiction because the plaintiff had not exhausted the statutory grievance procedure under the National Defence Act.
The court agreed, finding the plaintiff's claims arose exclusively from her military employment and were a disguised grievance.
The court also dismissed the injunction motion, finding the plaintiff failed to establish a serious issue to be tried, irreparable harm, or that the balance of convenience favoured her.
The action was stayed pending the exhaustion of the statutory grievance process.
