Sean Sass

The plaintiff in a certified class action moved to amend the class definition to include participants in a Sea Cadets program, arguing that new evidence showed they were integrated with the DASH program and thus similarly exposed to the alleged abuser.

The Federal Court dismissed the motion, finding that the new evidence did not provide some basis in fact to conclude that the sea cadets were abused or otherwise support the proposed expansion, as it merely showed administrative integration without expanding the evidentiary basis for the abuse claims.

The applicant, a military musician in the Canadian Forces, grieved the denial of a promotion to Sergeant after a new ranking policy replaced the previous policy.

The Military Grievances External Review Committee recommended allowing the grievance, but the Final Authority dismissed it.

The Federal Court granted the application for judicial review, holding that the Final Authority's decision was unreasonable because it failed to adequately justify its departure from the Committee's recommendations regarding the fairness of the transition period and unreasonably assessed the applicant's eligibility for an Acting/Lacking promotion under the applicable policies.