Melissa Gratta

The court dismissed Tianjian Wang’s action against the Attorney General of Canada and Joanne Gentile for lack of jurisdiction, holding that section 236 of the Federal Public Sector Labour Relations Act bars civil actions by federal public service employees for employment-related disputes, requiring such matters to be addressed through the grievance process.

The court rejected constitutional challenges to section 236, finding it within Parliament’s authority and not discriminatory under the Charter.

The plaintiffs sought to certify a class action against the Attorney General of Canada on behalf of female cadets who allegedly suffered sexual misconduct while enrolled in the Cadet Program.

The plaintiffs alleged systemic negligence, breach of fiduciary duty, negligent misrepresentation, and breach of s. 7 of the Charter.

The Superior Court of Justice dismissed the certification motion.

While the negligence claim disclosed a reasonable cause of action, the other claims were struck.

The court found the plaintiffs failed to provide some basis in fact that there was an identifiable class of two or more persons, that the claims raised common issues, or that a class proceeding was the preferable procedure, as the allegations would require highly individualized inquiries.

The defendant, a TTC bus driver, was charged with careless driving under section 130 of the Highway Traffic Act for striking a 90-year-old pedestrian who was jaywalking at an unmarked crossing near a curved T-intersection.

The Crown argued the defendant failed to stop long enough at the stop signs before making a left turn.

The defendant testified he exercised due diligence, stopped briefly to look in all directions, and did not see the pedestrian who was obscured by the bus's structural blind spot, dark clothing against a dark building backdrop, and the complex geometry of the intersection.

The court found the Crown failed to prove beyond a reasonable doubt that the defendant drove carelessly, considering all circumstances including the pedestrian's jaywalking, unfamiliarity with the area, and the challenging intersection design.