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.