Marie Crowley

The appellant appealed an order striking out his statement of claim for lack of jurisdiction.

The motions judge found that the essential character of the appellant's claims fell within the scope of the grievance and adjudication process under the Public Service Staff Relations Act and the applicable collective agreement, and had already been decided by a labour adjudicator.

The Court of Appeal agreed, applying the Weber framework, and dismissed the appeal, also rejecting the appellant's arguments regarding procedural fairness, Charter violations, and bias.

The appellants sued a customs officer and the Attorney General of Canada for damages arising from the allegedly wrongful seizure and storage of several aircraft.

The respondents successfully moved for summary judgment on the basis that the action was barred by the three-month limitation period in s. 106(1) of the Customs Act.

On appeal, the Court of Appeal held that the appellants' allegations that the customs officer acted with malice and intent to injure raised a genuine issue for trial as to whether the limitation periods under the Customs Act and the Public Authorities Protection Act applied.

The appeal was allowed and the summary judgment was set aside, except with respect to the Charter claims.