Fabiola Ferro c. Sylvain Chicoine et al., 2016 ONSC 7710

Case Summary

The plaintiff, a former staff member for a Member of Parliament, brought a motion for summary judgment seeking a declaration that her employment contract was valid and that the collective agreement had no legal force, arguing that the Parliamentary Employment and Staff Relations Act excluded MP staff from collective bargaining. The defendant MP brought a cross-motion for summary judgment to dismiss the claim, arguing the court lacked jurisdiction due to the collective agreement's arbitration clause. The plaintiff also sought to dismiss the defendant's counterclaim for defamation for lack of notice under the Libel and Slander Act, and to strike a paragraph referencing her counsel's political background. The court dismissed both motions for summary judgment, finding genuine issues for trial regarding the scope of the Act and the collective agreement, and whether the defamation claim required notice. However, the court granted the motion to strike the paragraph about the plaintiff's counsel's political background as irrelevant and vexatious.