Dongmo c. Canada

Dongmo c. Canada

The Federal Court correctly concluded that the appellant's allegations arise from his employment and are barred from court review by s.236 of the Public Sector Labour Relations Act which channels such disputes to the Act's grievance procedure; consequently the motion to strike was properly granted under r.221(1)(a)...

Source-derived case information.

Citation
2025 CAF 106
Parties
Appellant: Firmin Nguepi Dongmo; Respondent: Sa Majesté le Roi
Court
Federal Court of Appeal
Jurisdiction
Canada
Judgment Date
29 May 2025
Procedural Posture
Appeal From Federal Court Dismissal of Action / Judgment on Appeal to Federal Court of Appeal
Outcome
Appeal dismissed with costs; judgment of the Federal Court upheld
Legal Topics
Jurisdiction, Motion to Strike/summary Dismissal, Grievance Procedure, Constitutional Challenge, Costs
Source Language
fr
Administrative Law Labour and Employment Law Constitutional Law Civil Procedure Jurisdiction Motion to Strike/summary Dismissal Grievance Procedure Constitutional Challenge +1 more

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Parties

Firmin Nguepi Dongmo

Appellant

Sa Majesté le Roi

Respondent

Procedural Posture

Appeal From Federal Court Dismissal of Action / Judgment on Appeal to Federal Court of Appeal

  1. 1 Whether the Federal Court had jurisdiction to hear employment-related claims in light of the Public Sector Labour Relations Act s.236
  2. 2 Whether the Federal Court erred in striking the action under Federal Courts Rules r.221(1)(a) and (f)
  3. 3 Whether constitutional questions raised for the first time on appeal should be decided

Ratio Decidendi

The Federal Court correctly concluded that the appellant's allegations arise from his employment and are barred from court review by s.236 of the Public Sector Labour Relations Act which channels such disputes to the Act's grievance procedure; consequently the motion to strike was properly granted under r.221(1)(a) and (f); the constitutional challenge was not properly before the courts and was premature, so the appeal is dismissed.

Court Disposition

Appeal dismissed with costs; judgment of the Federal Court upheld

Orders

  • Appeal dismissed with costs
  • Costs fixed at $2,500 awarded to respondent