Watt v. Canada ( Transport Canada )
T-154-97
Denault J.
5/6/97
3 pp.
Motion for order staying or striking action-Issue apparently that of employee-employer relations-Plaintiff alleging negligent misrepresentation, abuse of public office-Neither plain nor obvious collective agreement could have provided plaintiff with pecuniary remedy currently sought-Question essentially one of jurisdiction: whether existence of collective agreement precludes all actions in courts between employee and employer-Question in each case whether dispute arises from interpretation, application, administration or violation of collective agreement-Impossible to categorize classes of case that will fall within exclusive jurisdiction of arbitrator-Courts found to lack jurisdiction over following claims: wrongful dismissal, bad faith on part of union, conspiracy and constructive dismissal, damage to reputation-Approach not precluding all actions in courts between employer and employee-Nature of present dispute prima facie engaging exclusive jurisdiction of courts-Statute of limitations argument may not be pleaded in motion brought under R. 419-Can only be raised by defendant in defence to action-As plaintiff's action in tort remains, open to defendants to advance statute of limitations argument in defence to action-Motion dismissed-Federal Court Rules, C.R.C., c. 663, R. 419.