PRACTICE |
Pleadings |
Motion to Strike |
Vaughan v. Canada
T-133-99
2001 FCT 1233, Heneghan J.
13/11/01
16 pp.
Appeal from order of Prothonotary Aronovitch granting motion by defendant (respondent) to strike out statement of claim as disclosing no cause of action--Effect of Prothonotary's order to terminate action commenced by (appellant/plaintiff)--Disposition of appeal turning on standard of review applicable to appeals from order of prothonotary-- Whether Prothonotary erred in concluding plain and obvious plaintiff/(appellant)'s statement of claim discloses no cause of action-- (appellant/plaintiff) formerly employed in Federal Public Service-- Applicable collective agreement providing for grievance process-- (Appellant/plaintiff) seeking declaration of entitle-ment to certain benefits, specifically Early Retirement Incentive (ERI) --ERI related to former employment of (appellant/ plaintiff)--Facts attracting legal consequences having regard to Public Service Staff Relations Act, ss. 91, 92, 96--S. 92 not determinative of issue since (appellant/ plaintiff's) complaint not related to situations described in s. 92(1)--Adjudicative process under Act, s. 91 available remedy for (appellant/plaintiff) by virtue of s. 91(1)(a)(i) --Adequacy of relief available under adjudicative provisions of Act not at issue--Whether (appellant/plaintiff) could pursue action against employer when failing to follow procedure mandated by Act--Plaintiff (appellant) could have sought judicial review of decision made at end of s. 91 process-- Chose not to do so--Appeal dismissed--Public Service Staff Relations Act, R.S.C., 1985, c. P-35, ss. 91, 92 (as am. by S.C. 1992, c. 54, s. 68), 96.