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Case Background:
Keith Alexander, a Winnipeg Police Service officer, sued colleagues Adam Cheadle and Andrew Zurawsky for malicious prosecution, alleging false statements led to criminal charges against him that were later stayed. He also sued Maurice Sabourin, former President of the Winnipeg Police Association, for breaching fiduciary duties and inducing his lawyer to breach loyalty and confidentiality.
Legal Issues and Findings:
Malicious Prosecution: Alexander alleged Cheadle and Zurawsky instigated charges to force his retirement.
Union Representation: Alexander claimed Sabourin interfered with his legal defense to favor co-defendants.
Jurisdiction: Sabourin argued the case belonged before the Manitoba Labour Board under The Labour Relations Act, citing union-related unfair labour practices.
The court applied the Weber test and found the claims against Sabourin arose from his role as a union representative. It ruled the Manitoba Labour Board had exclusive jurisdiction. The claims against Cheadle and Zurawsky were not resolved in this motion.
Costs and Award:
The court granted Sabourin’s motion to stay proceedings. Costs were left for the parties to address separately.
Conclusion:
The court categorized the claims against Sabourin as a labour law issue within the Labour Board’s jurisdiction, while the malicious prosecution claims against Cheadle and Zurawsky proceeded in civil court.
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Plaintiff
Defendant
Court
Court of King's Bench ManitobaCase Number
CI 24-01-44522Practice Area
Labour & Employment LawAmount
Not specified/UnspecifiedWinner
DefendantTrial Start Date