Linda J. Wall

The appellants appealed an order upholding a master's decision concerning documentary production, redactions, and costs.

The appellants argued the respondents' motion to the master was an impermissible attempt to vary a prior order and sought to introduce fresh evidence regarding informant privilege.

The Court of Appeal dismissed the appeal, finding the master's prior order contemplated protective terms for productions and the fresh evidence did not defeat the informant privilege claim.

The appeal was dismissed with costs awarded to the respondents.

The appellants, federal public service employees, brought a civil action against the government and senior managers alleging workplace harassment and abuse of authority.

The motions judge dismissed the action, finding that the court lacked jurisdiction because the dispute fell within the exclusive jurisdiction of the grievance process under the Public Service Staff Relations Act (PSSRA) and the collective agreement, applying the Supreme Court's decision in Weber.

The Court of Appeal allowed the appeal, holding that the PSSRA grievance process was not intended to be an exclusive dispute resolution mechanism for complaints that are not referable to third-party adjudication.

Since the appellants' claims could not be adjudicated under the PSSRA, the court retained concurrent jurisdiction and declined to defer to the statutory regime.