The defendants moved to dismiss the plaintiffs' statement of claim, or in the alternative, for leave to file a statement of defence, arguing that the action was barred by section 9 of the Crown Liability and Proceedings Act (CLPA) and section 111(2) of the Pension Act.
The plaintiffs, including a former RCMP Staff Sergeant, sought damages for intentional torts, breach of contract, and Charter violations arising from alleged harassment and assault during her service, for which she had already received a disability pension for PTSD.
The court dismissed the motion to strike, finding that it was not plain and obvious that the claims were entirely barred, particularly for damages not covered by the pension, claims for events after the initial injury, and Charter claims.
The court also found that section 111(2) of the Pension Act did not require a further stay as the plaintiff was not seeking to review or re-assess her pension.
