COURT OF APPEAL FOR ONTARIO

DATE: 2005-03-29

DOCKET: C42565

RE: NASEEM JAMAL (Plaintiff/Appellant) v. HER MAJESTY THE QUEEN IN THE RIGHT OF ONTARIO AND THE MINISTRY OF COMMUNITY, FAMILY AND CHILDREN’S SERVICES (Defendants/Respondents)

BEFORE: DOHERTY, SHARPE and ARMSTRONG JJ.A.

COUNSEL: Naseem Jamal, appearing in person Yasmeena Mohamed, for the respondent

HEARD & ENDORSED: March 24, 2005

On appeal from the order of Justice G.R. Klowak of the Superior Court of Justice dated September 21, 2004.

A P P E A L B O O K E N D O R S E M E N T

[1] We agree with the disposition of Klowak J. The only cause of action pleaded in the statement of claim before her challenged the settlement reached before the Grievance Settlement Board (the “GSB”). That is a matter for the GSB. The fact that the appellant’s union will not support her does not affect the jurisdictional analysis.

[2] The appeal is dismissed. The order made below is affirmed. Costs to the respondent in the amount of $2,500.00, inclusive of GST and disbursements.