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- Parties: The appellant was Gary Curtis. The respondents were the Attorney General of Canada, Employment and Social Development Canada, Minister of Employment, Minister of Justice, Minister of Labour, Prime Minister of Canada, and Workforce Development and Disability Inclusion.
- Subject Matter: These proceedings arose from a conflict between the appellant and his former employer over concerns about the alleged mishandling of mortgage files. The appellant resigned from his position then filed an amended amended statement of claim (AASC). He claimed that the Crown was liable for numerous wrongs, including negligence, misfeasance in public office, and conspiracy. He also alleged breaches of ss. 7, 12, and 15 of the Canadian Charter of Rights and Freedoms. He sought $30 million in damages under s. 24. The Federal Court struck the AASC under rr. 221(1)(a), (c), and (f) of the Federal Courts Rules, S.O.R./98-106 without leave to amend.
- Ruling: The appeal court ruled in the respondents’ favour, dismissed the appeal, and upheld the judge’s application of rr. 221(1)(a), (c), and (f). The appeal court found no reviewable error in the Federal Court’s analysis of the jurisdictional and pleadings issues flowing from the AASC, which the appellant was required to show to succeed on this appeal.
- Date: The hearing was set on Nov. 25, 2024. The court released its decision on Dec. 9, 2024.
- Venue: This was a federal case before the Federal Court of Appeal.
- Amount: The appeal court awarded no costs.
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Appellant
Respondent
Court
Federal Court of AppealCase Number
A-138-22Practice Area
Labour & Employment LawAmount
Not specified/UnspecifiedWinner
RespondentTrial Start Date
28 June 2022