Supreme Court

Decision Information

Kuich v Northwest Territories (Commissioner)

Court Supreme Court
Date 1995-07-13
File numbers CV 04031
Judge(s) Vertes
Location Yellowknife
Cases and statutes considered Cases considered:
Weber v. Ontario Hydro (1985) S.C.J. No. 59
St. Anne Nackawick Pulp & Paper Co. v. C.P.U. Local 219 (1986) 1 S.C.R. 704
Decision information:

Summary: Former civil servant seeks damages for alleged demotion constituting dismissal, breach of contract, defamation, conspiracy and inducing breach of contract for events occurring two years previous. Several interlocutory motions already argued. Court states court's jurisdiction depends on if essential character of dispute arises from interpretation, application, administration or violation of collective agreement. Whether individual defendants protected by legislative ouster should be determined by trial judge. Statement of claim to be struck out only in a clear-cut case. Proposed amendments of adding new defendant, deleting paragraph 16, and deleting claims against legislative protected commissioner granted. Issues surrounding conspiracy allegations, limitation argument, and defamation allegations should be decided after being plead.
Abstract: Application by plaintiff for leave to amend the Statement of Claim. Cross-application by defendants to dismiss the action.
Decision: Motion to strike claim in its entirety dismissed, however, not a decision on the substantive merits of their positions. Draft form of statement of claim to be fowarded to defendants' counsel in 30 days. Time has come to move to a trial
Subjects: Civil procedure - Pleadings - Amendment - Leave to amend
Civil procedure - Pleadings - Striking out

Decision Content

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