Adelberg v. Canada

Adelberg v. Canada

For Plaintiffs who are members of the Core Public Administration the Statement of Claim is barred by s.236 FPSLRA and is struck in its entirety without leave to amend; for Plaintiffs who are not CP A members the Statement of Claim is struck for failing to plead material facts with sufficient particularity but those Plaintiffs are granted leave to amend to plead intelligibly and within this Court's remedial competence; costs awarded to Defendants in the amount of $5,000 CAD.

Citation
2023 FC 252
Parties
Plaintiffs: KAREN ADELBERG et al.; Defendants: His Majesty the King et al.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
21 February 2023
Procedural Posture
Civil Judicial Review / Civil Action Challenging Federal COVID 19 Vaccination Policy and Transport Canada Interim Order / Motion to Strike Under Rule 221(1)(a) of the Federal Courts Rules (motion Heard January 19, 2023; Reasons and Order February 21, 2023)
Outcome
Statement of Claim struck in its entirety: without leave to amend for all Plaintiffs subject to s.236 FPSLRA; with leave to amend for remaining Plaintiffs. Costs awarded to Defendants $5,000 payable forthwith.
Legal Topics
Federal Public Sector Labour Relations Act S236, Grievance Procedure, Pleadings and Particulars, Charter Challenges, COVID 19 Vaccination Policy
Source Language
English
Administrative Law Labour Law Constitutional Law Civil Procedure Public Law Federal Public Sector Labour Relations Act S236 Grievance Procedure Pleadings and Particulars +2 more

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Parties

KAREN ADELBERG et al.

Plaintiffs

His Majesty the King et al.

Defendants

Procedural Posture

Civil Judicial Review / Civil Action Challenging Federal COVID 19 Vaccination Policy and Transport Canada Interim Order / Motion to Strike Under Rule 221(1)(a) of the Federal Courts Rules (motion Heard January 19, 2023; Reasons and Order February 21, 2023)

Legal Issues

  1. 1 Whether s.236 of the FPSLRA ousts this Court's jurisdiction over claims by Core Public Administration employees
  2. 2 Whether the Statement of Claim discloses a reasonable cause of action for Plaintiffs not subject to s.236
  3. 3 Whether leave to amend should be granted for non-CPA Plaintiffs

Ratio Decidendi

For Plaintiffs who are members of the Core Public Administration the Statement of Claim is barred by s.236 FPSLRA and is struck in its entirety without leave to amend; for Plaintiffs who are not CP A members the Statement of Claim is struck for failing to plead material facts with sufficient particularity but those Plaintiffs are granted leave to amend to plead intelligibly and within this Court's remedial competence; costs awarded to Defendants in the amount of $5,000 CAD.

Court Disposition

Statement of Claim struck in its entirety: without leave to amend for all Plaintiffs subject to s.236 FPSLRA; with leave to amend for remaining Plaintiffs. Costs awarded to Defendants $5,000 payable forthwith.

Orders

  • The Statement of Claim is struck in its entirety without leave to amend in respect of all Plaintiffs who are subject to s 236 of the Federal Public Sector Labour Relations Act, SC 2003, c 22, s 2.
  • For the remaining Plaintiffs, the Statement of Claim is struck in its entirety with leave to amend in accordance with the Reasons that accompany this Order.