MacLellan v. Canada (National Defence)

MacLellan v. Canada (National Defence)

The motions to strike and for summary judgment were granted because significant portions of the plaintiff's claims were governed by the National Defence Act grievance process or the Code of Service Discipline and thus not properly before the court, other claims were inadequately pleaded under Rule 13, and s.92 of the Compensation Act required a stay; having applied Tariff C principles and relevant authorities while exercising discretion and considering but not capitulating to the plaintiff's limited evidence of impecuniosity, the court awarded party-and-party costs of $18,000 and disbursements of $4,251.73.

Citation
2015 NSSC 125
Parties
Plaintiff/respondent: John Cyril MacLellan; Defendant/moving Party: Attorney General of Canada representing the Department of National Defence; Defendant/moving Party: Lieutenant Colonel David T. Lewis; Defendant/moving Party: Her Majesty, Queen Elizabeth II, in the Right of the Dominion of Canada; Defendant/moving Party: Captain (N) Darren Garnier; Defendant/moving Party: Commander Garrett Reddy; Defendant/moving Party: Major Patrick Kavanagh; Defendant/moving Party: Major Prem Rawal
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
21 April 2015
Procedural Posture
Civil Judicial Review/motion to Strike and Summary Judgment Following Tort and Charter Claims Against Military Defendants / Costs Decision After Pre Trial Dismissal of Plaintiff's Claims on Motions (post Motion Costs Ruling)
Outcome
Motions to strike and for summary judgment granted; the two civil actions dismissed in large part or stayed as appropriate; costs awarded to defendants.
Legal Topics
Costs, Motion to Strike, Summary Judgment, Grievance Process, National Defence Act, Compensation Act, Disbursements, Impecuniosity
Source Language
English
Civil Procedure Administrative Law Military Law Tort Statutory Interpretation Costs Motion to Strike Summary Judgment +5 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 13 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

John Cyril MacLellan

Plaintiff/respondent

Attorney General of Canada representing the Department of National Defence

Defendant/moving Party

Lieutenant Colonel David T. Lewis

Defendant/moving Party

Her Majesty, Queen Elizabeth II, in the Right of the Dominion of Canada

Defendant/moving Party

Captain (N) Darren Garnier

Defendant/moving Party

Commander Garrett Reddy

Defendant/moving Party

Major Patrick Kavanagh

Defendant/moving Party

Major Prem Rawal

Defendant/moving Party

Procedural Posture

Civil Judicial Review/motion to Strike and Summary Judgment Following Tort and Charter Claims Against Military Defendants / Costs Decision After Pre Trial Dismissal of Plaintiff's Claims on Motions (post Motion Costs Ruling)

Legal Issues

  1. 1 Whether the plaintiff's civil claims were subject to the National Defence Act grievance process
  2. 2 Whether portions of the claims were unsustainably pleaded and subject to striking under Civil Procedure Rule 13
  3. 3 Whether elements of the claims fell under the Code of Service Discipline and the exception in s.270 of the NDA did not apply

Ratio Decidendi

The motions to strike and for summary judgment were granted because significant portions of the plaintiff's claims were governed by the National Defence Act grievance process or the Code of Service Discipline and thus not properly before the court, other claims were inadequately pleaded under Rule 13, and s.92 of the Compensation Act required a stay; having applied Tariff C principles and relevant authorities while exercising discretion and considering but not capitulating to the plaintiff's limited evidence of impecuniosity, the court awarded party-and-party costs of $18,000 and disbursements of $4,251.73.

Court Disposition

Motions to strike and for summary judgment granted; the two civil actions dismissed in large part or stayed as appropriate; costs awarded to defendants.

Orders

  • Costs awarded to defendants in the amount of $18,000.00
  • Disbursements awarded to defendants in the amount of $4,251.73