Heather Kennedy

The appellant appealed from a motion judge's order striking his claim against Transport Canada and Francois Collins under Rule 21.01(3) of the Rules of Civil Procedure without leave to amend.

The motion judge found that the claim, concerning alleged misrepresentations made by the employer to an insurer, related to the terms and conditions of employment and was therefore grievable under the Federal Public Sector Labour Relations Act, placing it outside the court's jurisdiction.

The appellant argued he was no longer an employee, the grievance procedure was unavailable, and procedural fairness was denied.

The Court of Appeal dismissed the appeal, finding no error in the motion judge's jurisdictional analysis or refusal to grant leave to amend.

The Attorney General of Canada brought a motion for security for costs against Telecore, a corporate plaintiff, in a procurement action.

The court considered whether the AGC required leave to bring the motion, the sufficiency of Telecore’s assets, and whether Telecore was impecunious.

The court found Telecore to be impecunious but determined that the AGC’s delay in bringing the motion was not justified.

The motion for security for costs was dismissed, and no costs were awarded on the motion.

This costs endorsement addresses the quantum of costs following the Attorney General of Canada's successful motion to strike the plaintiff's claim.

The court considered the reasonableness of the hours and rates claimed, the complexity and importance of the issues, and the conduct of the parties.

The court found the hours claimed by the Attorney General to be excessive and awarded partial indemnity costs, fixing the amount at $8,468.

The plaintiff, a former federal public service pilot, brought an action against his former employer, Transport Canada, his supervisor, and Sun Life for denial of long-term disability benefits and alleged misrepresentations by the employer to the insurer.

The Attorney General of Canada moved to dismiss the action against the employer defendants, arguing the court's jurisdiction was ousted by s. 236 of the Federal Public Sector Labour Relations Act.

The court found that the essential character of the dispute related to the employer's conduct and misrepresentations, which were grievable under s. 208 of the Act.

The court stayed the action against the employer defendants, concluding it lacked jurisdiction.

The defendant brought a motion to strike the plaintiff's amended amended statement of claim, arguing it failed to disclose a reasonable cause of action and was devoid of material facts.

The plaintiff's claims arose from a slip and fall in prison, the loss of his personal files by Correctional Services Canada, and alleged unlawful confinement following a successful appeal.

The court struck the pleading in its entirety due to its deficiencies but granted the plaintiff leave to deliver a fresh as amended statement of claim limited to negligence for the slip and fall and lost files, and properly particularized claims regarding his release conditions.