LAM v UNIVERSITY OF CALGARY, 2021 ABQB 729
3.68: Court options to deal with significant deficiencies
7.3: Summary Judgment (Application and decision)
The Appellant was appealing a Master’s Decision that dismissed his Claim for wrongful dismissal and damages for discrimination and conspiracy. The Master found that, pursuant to Rule 3.68(2)(a), the Court had no jurisdiction because the dispute was governed exclusively by a collective agreement. The Appellant appealed.
The Court found that the Master had correctly determined that the mechanisms in place in the collective agreement had displaced the jurisdiction of the Court to deal with the Appellant’s Claim.
The Court noted that the Master had asked if the Applicant was looking for dismissal under Rule 7.3 or striking the pleadings under Rule 3.68. The Appellant elected to proceed under Rule 3.68 and Master struck the Claim. The filed Order referred to a dismissal of the Action rather than the pleadings being struck but in the Court’s view, nothing turned on that and the ultimate decision was correct.
The Court dismissed the Appellant’s Appeal.View CanLII Details