Plaintiff
Defendant
- Parties: The plaintiff was Dustin McMillan. The defendant was His Majesty the King.
- Subject Matter: The plaintiff sought to certify this proposed class proceeding against the Royal Canadian Mounted Police under rr. 334.16 and 334.17 of the Federal Courts Rules, SOR/98-106. His statement of claim alleged that he and members of the proposed primary class suffered systemic bullying, intimidation, and harassment in RCMP workplaces. He sought general damages and special damages, among other remedies, on behalf of himself and the proposed class. The Crown requested an order to strike the entire claim under r. 221(1) of the Rules. The Crown also sought an order to dismiss the claim without leave to amend.
- Ruling: The court partly granted the motion for an order to strike the pleadings; struck all claims in the pleadings without leave to amend except claims pertaining to temporary civilian employees who worked in the Kelowna operational communications centre between Jan. 1, 2003 and Mar. 31, 2005 (inclusive); and dismissed the motion for an order to certify the proposed class proceeding. The court found the plaintiff’s personal claim to have definitively expired. The court also held that he was not anchored in the proceeding and could not adequately represent the interests of the class.
- Date: The hearing was set on Oct. 18, 2023. The court released its decision on Dec. 22, 2023.
- Venue: This was a federal case before the Federal Court.
- Amount: The court found no costs payable for this motion.
Court
Federal CourtCase Number
T-1509-21Practice Area
Tort lawAmount
$ 0Winner
OtherTrial Start Date
04 October 2021Download documents