Supreme Court

Decision Information

Kuich v Northwest Territories (Commissioner)

Court Supreme Court
Date 1994-05-07
File numbers CV 04931
Judge(s) de Weerdt
Location Yellowknife
Cases and statutes considered Cases considered:
Kiewit Management v. Northwest Territories (Commissioner), [ 1992 ] NWTR 70 (SC)
Operation Dismantle v. R., [ 1985 ] 1 SCR 441
Hearn Stratton Construction v. Northwest Territories (Commissioner), [ 1992 ] NWTR 107 (SC)
Inuit Taparisat of Canada v. Canada (Attorney General), [ 1980 ] 2 SCR 735
Arctic Star Lodge v. New Hampshire Insurance, [ 1989 ] NWTR 131 (SC)
Hodgson v. CBC, [ 1990 ] NWTR 364 (SC)
St. Anne Nackawic Pulp Y Paper Co. v. CPU local 219, [ 1986 ] 1 SCR 704
Oliva v. Strathcona Steel Mfg., [ 1987 ] 1 WWR 730 (Alta CA)
Westfair Foods v. Lippens Inc. et al. ( 1987 ), 44 DLR ( 4th ) 145 (Man QB)
Foundry Services v. Foundry Services (Canada), [ 1953 ] OWN 1 (Ont HC)
Poland v. Maitland, unreported, Jan. 24, 1994 (CV04899) (NWTSC)
Boyachyk v. Dukes ( 1982 ), 37 AR 199 (QB)

Statutes considered:
Northwest Territories Supreme Court Rules, R. 124A ( 1 )
Arbitration Act, R.S.N.W.T. 1988, c. A-5,
Public Service Act, R.S.N.W.T. 1988, c. P-16
JUDICATURE ACT, R.S.N.W.T. 1988, c. J-1
ROYAL CANADIAN MOUNTED POLICE ACT, R.S.C. 1985, c. R-10
Decision information:

Summary: The Statement of Claim was struck as against the Defendant Commissioner of the Northwest Territories in regard to the allegations respecting the Plaintiff's alleged dismissal or demotion, inducement of breach of contract and breach of administrative fairness regarding the investigation of sexual harassment. The aforementioned areas are addressed in the collective agreement which governed the Plaintiff and the Commissioner as employer and therefore ought to be dealt with through the provisions specified in the collective agreement. The application to strike the Statement of Claim was dismissed as being premature as against the remaining Defendants, and as against the Commissioner in respect only of the claim for damages for conspiracy.
Abstract: Motion to strike out the statement of claim against the Defendants
Decision: Application dismissed
Subjects: Civil procedure - Pleadings - Statement of claim
Defamation

Decision Content

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.