Marshall Jeske

The defendants, the Canada School of Public Service and five employees, brought a motion to strike the plaintiff's statement of claim on the basis that the court lacked jurisdiction under s. 236 of the Federal Public Sector Labour Relations Act.

The plaintiff, a former federal public servant whose security clearance was revoked, sued for breach of privacy, negligence, and defamation after her employer reported a suspicious fax to the police.

The court held that the privacy claims relating to the employer's involvement of the police fell outside the collective agreement and could proceed.

However, the negligence and defamation claims regarding workplace discipline and suspensions were in their essential character workplace disputes and were stayed.

This is an appeal from the dismissal of a proposed class action and constitutional challenge as frivolous and vexatious under Rule 2.1.01 of the Rules of Civil Procedure.

The underlying action asserted a global conspiracy related to COVID-19, seeking billions in damages from various domestic and foreign entities.

The Court of Appeal dismissed the appeal, finding no error in the motion judge's exercise of discretion, legal analysis, or factual findings, and affirmed that the case was a clear instance for applying Rule 2.1.01.

The appellant, Cary Beazley, appealed the dismissal of his 2018 action against Canada and Ontario.

This 2018 action raised substantially the same issues and pleadings as a previous 2017 action, which had been dismissed for disclosing no reasonable cause of action and whose dismissal was upheld on appeal.

The motion judge dismissed the 2018 action on the grounds of *res judicata* and abuse of process, finding the pleadings substantially identical and that the claim could not possibly succeed.

The Court of Appeal affirmed this decision, agreeing that the claim was abusive and that the motion judge properly exercised discretion under Rule 2.1.01 of the Rules of Civil Procedure to dismiss the claim without requesting submissions.

The appeal was dismissed with costs.