Introduction:
Belinda Duncan filed a statement of claim against the City of Winnipeg, alleging constructive dismissal from her employment with the Winnipeg Police Service. The City sought to strike the claim in its entirety without leave to amend.

Legal Arguments/Issues:

• The City argued that the claim was an abuse of process, scandalous, vexatious, and lacked a reasonable cause of action.
• The claim was said to be a collateral attack on prior dismissals by the Manitoba Human Rights Commission (MHRC) and the Manitoba Labour Board (MLB).
• Ms. Duncan had previously filed a human rights complaint (dismissed in 2021) and an unfair labor practice application to the MLB (dismissed in 2022).
• The Court determined that the matter fell within the exclusive jurisdiction of a labor arbitrator, as dictated by The Labour Relations Act and the collective agreement.
• The Court emphasized that Ms. Duncan's failure to seek judicial review and her decision not to initiate a grievance through her union did not override the exclusive jurisdiction of arbitration.

Conclusion:

• The Court struck Ms. Duncan’s claim without leave to amend, determining it was an abuse of process and a collateral attack on previous decisions.
• No specific award or costs were determined within the judgment. However, the Court invited written submissions if the parties could not agree on costs.