Date: 19991108
Docket: T-1481-99
BETWEEN:
LAWRENCE MARTIN DEWOLFE and
JOHANN PATRICIA DEWOLFE
Plaintiffs
- and -
HER MAJESTY THE QUEEN
HONOURABLE LAWRENCE MACAULAY,
SOLICITOR GENERAL OF CANADA
HONOURABLE MARCEL MASSÉ,
PRESIDENT TREASURY BOARD OF CANADA SECRETARIAT
OLE INGSTRUP, COMMISSIONER CORRECTIONAL SERVICES CANADA
JOHN RAMA, ASSISTANT COMMISSIONER
CORRECTIONAL SERVICES CANADA
NICOLE CUSSON, DIRECTOR STAFF RELATIONS
MARK SULLIVAN, STAFF RELATIONS OFFICER
BRENDAN REYNOLDS, DEPUTY COMMISSIONER
BERNIE BLIMPKIE, UNIT MANAGER
FENBROOK MEDIUM INSTITUTION
LICOLN WONG, REGIONAL ADMINISTRATOR
JIM LEARY, REGIONAL COORDINATOR G.H.O.S.P.
BETTY WASYLUK, REMAX INTERNATIONAL RELOCATION SERVICES
DON COMEAU, NATIONAL MANAGER
REMAX INTERNATIONAL RELOCATION SERVICES
ANDY MITCHELL, M.P.
MIKE PROVAN, WARDEN FENBROOK MEDIUM INSTITUTION
MARY DONEL, UNIT MANAGER
FENBROOK MEDIUM INSTITUTION
BRAD GRIEG, FINANCIAL CONTROL OFFICER,
FENBROOK MEDIUM INSTITUTION
Defendants
REASONS FOR ORDER AND ORDER
GILES A.S.P.:
[1] It is alleged that the plaintiffs, an employee and his wife, in the course of being moved from Alberta to Ontario agreed to certain terms including some with regard to disposal of their house in Alberta. These terms were not complied with and the plaintiffs suffered damages which this action is brought to recover.
[2] The Crown, moving this motion to strike, alleges the matter is employment related and should have been dealt with in the grievance procedures provided in the Public Service Staff Relations Act, particularly, by section 91.
[3] The plaintiffs did employ the grievance procedure and were advised by their Union that the Guaranteed Home Sale Plan ("Sale Plan") was not included in the agreement with the Union and therefore some other method would have to be found to obtain compensation. I note that section 91 provides for the presentation of grievances in three ways. (a)(ii) where the grievance arises from the interpretation of the Collective Agreement, the grievance must be presented by the Union; (a)(i) where the grievance arises out of the provisions of a statute or a regulation, by-law, direction or other instruction made or issued by the employer dealing with the terms and conditions of employment; and (b) as a result of any occurrence or matter affecting the terms or conditions of employment of the employee, other than a provision described in subparagraph (a)(i) or (a)(ii).
[4] It may thus be that the matter should have been handled other than through the Union but still by the grievance procedure. It may also be that the decision in 1997 that the plaintiffs" house was disqualified under the Sale Plan should have been challenged under the Judicial Review procedure at that time. However, the statement of claim indicates the loss was contributed to by advice of others as to the action to take when the house was disqualified.
[5] I am not satisfied that there is no possible chance of success for both the plaintiffs in this action. The statement of claim will not be struck out. The defendant Crown will be allowed 30 days within which to file a statement of defence. Settlement discussions should be held as soon as the facts are plain.
ORDER
[6] The time for filing a statement of defence is extended to December 6, 1999.
[7] This motion is otherwise dismissed.
"Peter A.K. Giles"
A.S.P.
TORONTO, ONTARIO
November 8, 1999
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| COURT NO: T-1481-99 |
| STYLE OF CAUSE: LAWRENCE MARTIN DEWOLFE and |
JOHANN PATRICIA DEWOLFE
| - and - |
| HER MAJESTY THE QUEEN |
| HONOURABLE LAWRENCE MACAULAY, SOLICITOR GENERAL OF CANADA HONOURABLE MARCEL MASSÉ, PRESIDENT TREASURY BOARD OF CANADA SECRETARIAT |
| OLE INGSTRUP, COMMISSIONER |
| CORRECTIONAL SERVICES CANADA |
| JOHN RAMA, ASSISTANT |
| COMMISSIONER CORRECTIONAL SERVICES CANADA NICOLE CUSSON, DIRECTOR STAFF RELATIONS |
| MARK SULLIVAN, STAFF RELATIONS |
| OFFICER BRENDAN REYNOLDS, DEPUTY COMMISSIONER |
| BERNIE BLIMPKIE, UNIT MANAGER |
| FENBROOK MEDIUM INSTITUTION |
| LICOLN WONG, REGIONAL |
| ADMINISTRATOR JIM LEARY, REGIONAL COORDINATOR G.H.O.S.P. |
| BETTY WASYLUK, REMAX |
| INTERNATIONAL RELOCATION SERVICES DON COMEAU, NATIONAL MANAGER REMAX INTERNATIONAL RELOCATION SERVICES ANDY MITCHELL, M.P. MIKE PROVAN, WARDEN FENBROOK MEDIUM INSTITUTION MARY DONEL, UNIT MANAGER ENBROOK MEDIUM INSTITUTION BRAD GRIEG, FINANCIAL CONTROL OFFICER, |
| FENBROOK MEDIUM INSTITUTION |
CONSIDERED AT TORONTO, ONTARIO PURSUANT TO RULE 369.
| REASONS FOR ORDER AND ORDER BY: GILES A.S.P. |
| DATED: MONDAY, NOVEMBER 8, 1999 |
WRITTEN SUBMISSIONS BY: David J. Salmon
For the Plaintiffs
Derek Edwards
For theDefendants
SOLICITORS OF RECORD:
Salmon & Company
Barrister and Solicitor
#800, 630 - 6 Avenue S.W.
Calgary, Alberta
T2P 0S8
For the Applicant
Morris Rosenberg
Deputy Attorney General of Canada
| For the Respondent |
FEDERAL COURT OF CANADA
Date:19991108
Docket: T-1481-99
Between:
| LAWRENCE MARTIN DEWOLFE and |
JOHANN PATRICIA DEWOLFE
Plaintiffs
| - and - |
| HER MAJESTY THE QUEEN |
| HONOURABLE LAWRENCE MACAULAY, SOLICITOR GENERAL OF CANADA HONOURABLE MARCEL MASSÉ, PRESIDENT TREASURY BOARD OF CANADA SECRETARIAT |
| OLE INGSTRUP, COMMISSIONER |
| CORRECTIONAL SERVICES CANADA |
| JOHN RAMA, ASSISTANT |
| COMMISSIONER CORRECTIONAL SERVICES CANADA NICOLE CUSSON, DIRECTOR STAFF RELATIONS |
| MARK SULLIVAN, STAFF RELATIONS |
| OFFICER BRENDAN REYNOLDS, DEPUTY COMMISSIONER |
| BERNIE BLIMPKIE, UNIT MANAGER |
| FENBROOK MEDIUM INSTITUTION |
| LICOLN WONG, REGIONAL |
| ADMINISTRATOR JIM LEARY, REGIONAL COORDINATOR G.H.O.S.P. |
| BETTY WASYLUK, REMAX |
| INTERNATIONAL RELOCATION SERVICES DON COMEAU, NATIONAL MANAGER REMAX INTERNATIONAL RELOCATION SERVICES ANDY MITCHELL, M.P. MIKE PROVAN, WARDEN FENBROOK MEDIUM INSTITUTION MARY DONEL, UNIT MANAGER ENBROOK MEDIUM INSTITUTION BRAD GRIEG, FINANCIAL CONTROL OFFICER, |
| FENBROOK MEDIUM INSTITUTION |
Defendants
| REASONS FOR ORDER |
AND ORDER