Gilmour v. Canada
T-1883-95
Hargrave P.
11/4/96
10 pp.
Application under R. 419(1)(a) to strike out statement of claim as disclosing no reasonable cause of action-Plaintiff dismissed from position as Crown servant with Canadian Security Intelligence Service (CSIS)-Preliminary request by defendant for oral hearing denied as R. 324 suitable vehicle for motion-As set out in Canada v. Inuit Tapirisat of Canada, [1982] S.C.R. 735 and Operation Dismantle Inc. v. The Queen, [1985] 1 S.C.R. 441, test to apply in striking out: plain, obvious and beyond doubt action cannot succeed-Defendant arguing plaintiff cannot in law assert claim for wrongful dismissal as Crown servant and plaintiff's remedy, if any, lying within Public Service Employment Act (PSEA) and Public Service Staff Relations Act (PSSRA) and has exhausted grievance procedure under PSSRA-Plaintiff views action not as wrongful dismissal but argues CSIS bound to adhere to various policies in dismissing her-Failure to do so renders decision to dismiss void and unenforceable-Further, plaintiff argues not confined to relief under PSEA but CSIS Act paramount legislation applicable to her employment-Motion denied-Not plain, obvious and beyond doubt plaintiff will not succeed-Not appropriate to determine character of proceeding at this stage-Federal Court Rules, C.R.C., c. 663, RR. 324, 419(1)(a)-Public Service Employment Act, R.S.C., 1985, c. P-32-Public Staff Relations Act, R.S.C., 1985, c. P35-Canadian Security Intelligence Service Act, R.S.C., 1985, c. C-23.