Sandra Nishikawa

The moving party, Maggie's: The Toronto Sex Workers' Action Project, brought a motion to intervene in an appeal concerning the constitutionality of prostitution-related offences.

The moving party sought to raise a new challenge under s. 15 of the Charter and to argue that the legislation was impermissibly driven by moral views.

The court dismissed the motion to intervene on the s. 15 issue, finding that the evidentiary record was not developed for such a challenge and that allowing it would be unfair to the parties and delay the appeal.

The court also declined to grant separate intervener status on the morality issue, as it was already being raised by others, but permitted the moving party to join an existing intervener group.

The appellant, a probationary managerial employee, brought an action against her employer involving whistle-blowing allegations.

The employer brought a motion challenging the Superior Court's jurisdiction, arguing the appellant should have used the grievance procedure under the Public Service Staff Relations Act.

The motion judge dismissed the action.

On appeal, the Court of Appeal found that the employer failed to advise the appellant of the grievance procedure, and by the time jurisdiction was raised, the grievance period had expired.

The Court held that the Superior Court retains residual jurisdiction and that denying the appellant access to the court would leave her without a remedy.

The appeal was allowed and the employer's motion was dismissed.