Cleroux v. Canada (Attorney General)

Cleroux v. Canada (Attorney General)

The Statement of Claim was struck because the plaintiff's allegations arise from matters governed by the collective agreement and the PSSRA, which confer exclusive jurisdiction on arbitral/adjudicative bodies to resolve those disputes; accordingly the Federal Court lacked jurisdiction, and the pleading amounted to...

Source-derived case information.

Citation
2001 FCT 342
Parties
Plaintiff/respondent: NORMAND CLEROUX; Defendant/moving Party: THE ATTORNEY GENERAL OF CANADA
Court
Federal Court
Jurisdiction
Canada
Judgment Date
20 April 2001
Procedural Posture
Employment/labour Dispute / Motion to Strike (rule 419)
Outcome
Statement of Claim struck for want of jurisdiction; action dismissed
Legal Topics
Collective Agreement, Exclusive Arbitral Jurisdiction, Jurisdiction, Abuse of Process, Judicial Review, Remedies
Source Language
english
Labour and Employment Administrative Law Civil Procedure Collective Agreement Exclusive Arbitral Jurisdiction Jurisdiction Abuse of Process Judicial Review +1 more

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Summary, issues, holding and outcome

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Parties

NORMAND CLEROUX

Plaintiff/respondent

THE ATTORNEY GENERAL OF CANADA

Defendant/moving Party

Procedural Posture

Employment/labour Dispute / Motion to Strike (rule 419)

Legal Issues

  1. 1 Whether the Federal Court has jurisdiction over claims arising from a collective agreement governed by the PSSRA
  2. 2 Whether the Statement of Claim is an abuse of process
  3. 3 Whether the Statement of Claim discloses a reasonable cause of action

Ratio Decidendi

The Statement of Claim was struck because the plaintiff's allegations arise from matters governed by the collective agreement and the PSSRA, which confer exclusive jurisdiction on arbitral/adjudicative bodies to resolve those disputes; accordingly the Federal Court lacked jurisdiction, and the pleading amounted to an abuse of process and disclosed no reasonable cause of action.

Court Disposition

Statement of Claim struck for want of jurisdiction; action dismissed

Orders

  • Statement of Claim struck
  • Action dismissed for want of jurisdiction