McCracken v. Flowers

McCracken v. Flowers

Allowing the appellant's claim to proceed after she failed to obtain remedies through employer complaint and grievance procedures would constitute an abuse of process; the motion judge correctly applied Rule 25 to prevent such an abuse and the appeal is dismissed.

Source-derived case information.

Citation
C40521
Parties
Plaintiff/appellant: Pamela McCracken; Defendant/respondent: Vicki Flowers
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
23 February 2004
Procedural Posture
Civil Appeal / Appeal to Court of Appeal From Superior Court Motion Judge Order Dated July 14, 2003 Under Rule 25
Outcome
Appeal dismissed
Legal Topics
Abuse of Process, Strike Under Rule 25, Exhaustion of Internal Remedies, Costs
Source Language
english
Civil Procedure Employment Law Abuse of Process Strike Under Rule 25 Exhaustion of Internal Remedies Costs

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Pamela McCracken

Plaintiff/appellant

Vicki Flowers

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal to Court of Appeal From Superior Court Motion Judge Order Dated July 14, 2003 Under Rule 25

Legal Issues

  1. 1 Whether permitting the claim to proceed would constitute an abuse of process
  2. 2 Whether the claimant's failure to obtain a remedy through employer complaint and grievance procedures bars court action
  3. 3 Whether Rule 25 authorises striking the claim

Ratio Decidendi

Allowing the appellant's claim to proceed after she failed to obtain remedies through employer complaint and grievance procedures would constitute an abuse of process; the motion judge correctly applied Rule 25 to prevent such an abuse and the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs on a partial indemnity basis
  • Costs fixed at $2,000 inclusive of disbursements, plus GST