Gina M. Scarcella

The plaintiff brought a certification motion for a class action regarding systemic negligence.

During the hearing, the judge noted a statement in the plaintiff's factum suggesting the judge had previously stated the case was ideally suited for a class action.

Concerned about a reasonable apprehension of bias, the judge inquired about the comment.

After clarification that the comment was misreported and actually related to US class action regimes, the judge adjourned the first day to allow parties to consider a recusal motion.

Neither party wished to bring a recusal motion.

The plaintiff requested an adjournment due to lost hearing time, which the Crown did not oppose.

The hearing was adjourned.

In a proposed class action brought by a former RCMP officer alleging systemic sexual harassment and discrimination against female RCMP members, the defendant Crown moved under Rule 21 to strike the statement of claim for disclosing no reasonable cause of action.

The Crown argued that systemic negligence claims against the RCMP amounted to impermissible direct liability contrary to the Crown Liability and Proceedings Act, that no contractual employment relationship existed, and that the claim was statute‑barred.

The court held that the breach of contract claim was untenable because the employment relationship of RCMP members is statutory rather than contractual and struck that portion of the claim.

However, the court found it was not plain and obvious that the systemic negligence claim failed, holding that the pleadings could support vicarious liability of the Crown for collective misconduct of Crown servants.

The limitation issue could not be resolved on a pleadings motion.