Court File and Parties

CITATION: Van Duyvenbode v. Canada (Attorney General), 2009 ONCA 11

DATE: 2009-01-07

DOCKET: C47912

COURT OF APPEAL FOR ONTARIO

Laskin, MacPherson and Armstrong JJ.A.

BETWEEN

Nico Van Duyvenbode

Plaintiff (Appellant)

and

Attorney General of Canada, Pat Barlow, Sandra Ginnish, Scott Serson, Shirley Serafini, John Sinclair, Michael Horgan, Jill Wherrett, Daniel Ricard and Stephen Harper

Defendants (Respondents)

Counsel: Nico Van Duyvenbode, acting in person Alexander Gay and David Aaron, for the respondents

Heard: January 5, 2009

On appeal from the order and costs order of Justice Charles T. Hackland of the Superior Court of Justice, dated June 25, 2007 and August 13, 2007, respectively.

APPEAL BOOK ENDORSEMENT

[1] The appellant’s main submission is that the motion judge erred in not considering him to be a whistleblower. We do not accept this submission. The motion judge found that the appellant was not a whistleblower, and we agree with that finding.

[2] The appellant’s complaints relate to the government’s alleged unfair treatment of him in his employment. These complaints must be grieved or arbitrated under the PSSRA of the PSLRA. We also agree with the motion judge that he appellant’s claim does not fall within the residual jurisdiction of the court. See Vaughn v. Canada, 2005 SCC 11, 2005 S.C.J. No. 12.

[3] We see no basis to interfere with the costs award. Accordingly, the appeal is dismissed with costs of $5,000, all inclusive.