PRACTICE |
Res Judicata |
Gaham v. Canada
T-1423-98
Tremblay-Lamer J.
10/11/00
12 pp.
Action in tort for injuries committed by defendant's employees, claiming damages for intangible injury as result of events surrounding termination of employment in Public Service--Three-month employment extended by two and a half months--Plaintiff suspended from duties before end of employment--Plaintiff alleged inter alia trainer abused power and seriously damaged reputation by accusation of terrorism, having him expelled from workplace with threats of arrest--In September 1998 Denault J. dismissed motion opposing action, asking it be struck out as Court did not have jurisdiction ratione materiae ((1998), 160 F.T.R. 102)--Concluded record as it stood did not indicate plaintiff employee within meaning of Public Service Staff Relations Act and could not have recourse to grievance procedure--Action dismissed--Evidence established plaintiff employee within meaning of Public Service Staff Relations Act at time of incidents described--As such, could grievance procedure, thus access depriving Court of jurisdiction ratione materiae--Judgment rendered by Denault J. not res judicata since, first, Court can rule on jurisdiction at any stage, and second, Denault J. did not make final ruling on point (see Barmash v. C.E.C.M., [1977] C.P. 1077)--Evidence available to Denault J. at time of motion not conclusive on point--Evidence indicated no interruption of employment--Since because of its extension, contract longer than three months, plaintiff employee within meaning of Act, thus bringing him within collective agreement applicable to his group--Plaintiff had in fact paid union dues, met with union representative to discuss problems--Grievance only recourse available since claim dealt with conditions of employment, in particular actions taken by employer regarding conditions of employment--Public Service Staff Relations Act, R.S.C., 1985, c. P-35.