John F.L. Rose

The applicant sought judicial review of a decision by the Public Service Grievance Board, which found it lacked jurisdiction to hear his wrongful dismissal grievance because he had not been employed by the Crown for at least 12 months.

The applicant argued that new legislation, which removed the 12-month requirement for employees not on probation, should apply retrospectively.

The Divisional Court applied a correctness standard of review and upheld the Board's decision, finding that jurisdiction is a substantive matter and the former legislative provisions governed the applicant's crystallized rights at the time of his dismissal.

The appellant appealed a decision finding that a debt survived bankruptcy under section 178 of the Bankruptcy and Insolvency Act and that a specific mortgage was invalid.

The Court of Appeal dismissed the appeal, upholding the lower court's findings on both the survival of the debt and the invalidity of the mortgage, and awarded costs of $2,000 to the respondent.

The parties brought a joint motion to implement a settlement of an appeal.

They sought to amend the lower court's judgment, which had declared a mortgage fraudulent and void, so that the mortgage would only be void as between the appellant and respondent.

The Court of Appeal dismissed the motion, finding that the proposed amendment could compromise the rights of other secured creditors, such as Legal Aid, who were not parties to the settlement.