The plaintiffs, family members of a deceased correctional officer, brought an action against the employer under the Family Law Act.
After the action was set down for trial, the defendant moved for leave to amend its statement of defence to argue the claims were barred by the Public Service Labour Relations Act and the collective agreement, and for leave to bring a summary judgment motion.
The court partially granted the motion to amend, allowing references to the Family Law Act and Crown Liability and Proceedings Act, but refused amendments relying on the collective agreement, finding the essential character of the claims did not fall within its scope.
The motion for leave to bring summary judgment was dismissed.