David Jewitt

Following an appeal from an order striking the appellant's statement of claim, the successful respondents sought their costs.

The Court of Appeal found no reason to deprive the successful party of its costs and awarded the respondents $5,188 inclusive of GST and disbursements.

The appellant, a federal civil servant, brought an action in the Superior Court claiming damages for harassment and mistreatment by his supervisors, alleging this was in retaliation for his whistle-blowing activities.

The defendants successfully moved to strike the claim on the basis that the court lacked jurisdiction.

On appeal, the Court of Appeal affirmed the dismissal, holding that section 236 of the Public Service Labour Relations Act explicitly ousts the jurisdiction of the civil courts over disputes that can be grieved under the Act, regardless of whether the grievance can be referred to independent third-party adjudication.