The defendant brought a motion to dismiss a statement of claim arising from a long-running workplace dispute involving a former unionized public employee and a settlement of employment grievances.
The plaintiff alleged fraudulent and negligent misrepresentation regarding pension buy-back rights and additional promises allegedly made during settlement negotiations.
The court found the claim was brought well outside the applicable limitation period under the Limitations Act and that the discoverability rule did not apply because the plaintiff had knowledge of the alleged wrongdoing many years earlier.
The pleadings also failed to disclose the necessary elements of negligent or fraudulent misrepresentation and amounted to an attempt to relitigate issues already decided by administrative tribunals and multiple courts.
The court further held that the essential character of the dispute arose from a collective agreement and therefore fell within the exclusive jurisdiction of the labour arbitration regime rather than the court.
