The defendant, the Attorney General of Canada, sought leave to appeal a decision dismissing its motion to strike the plaintiff's wrongful dismissal claim.
The plaintiff, a former CSIS employee, sued for wrongful dismissal after his top-secret security clearance was revoked and his employment terminated.
The defendant argued the court lacked jurisdiction because the plaintiff failed to use the grievance process under the Canadian Security Intelligence Service Act.
The Divisional Court granted leave to appeal, finding conflicting case law and good reason to doubt the correctness of the motion judge's decision regarding the court's jurisdiction over the dispute.
