The respondent, a former employee of the International Civil Aviation Organization (ICAO), brought an action against the Crown for damages resulting from inadequate air quality at the ICAO headquarters leased by the Crown.
The Crown brought a motion to dismiss for lack of jurisdiction, arguing the claim fell within labour relations governed by the ICAO Service Code and that ICAO's immunity extended to the Crown.
The Supreme Court of Canada dismissed the Crown's appeal, holding that the essential character of the dispute was an extra-contractual civil liability claim against a third party, not a labour dispute.
The Court found that ICAO's immunity did not transfer to the Crown and the Superior Court had jurisdiction to hear the claim.
