Ebadi v. Canada
SAMEER EBADI
Law Firm / Organization
Independent
Lawyer(s)

Daniel Kuhlen

HIS MAJESTY THE KING ET AL.

- Parties: The appellant was Sameer Ebadi. The respondents were His Majesty the King, James Doe, John Doe, Joseph Doe, Jane Doe, Julie Doe, and David Vigneault.

- Subject Matter: The appellant filed a statement of claim alleging various intentional torts and breaches of the Canadian Charter of Rights and Freedoms by his employer, by the Canadian Security Intelligence Service, and by certain employees. The Federal Court struck the appellant’s statement of claim. The Federal Court held that the combined operation of ss. 236 and 208 of the Federal Public Sector Labour Relations Act, 2003 barred any civil recourse for “any dispute relating to… terms or conditions of employment” that a grievance procedure could address. The appellant challenged the Federal Court’s decision.

- Ruling: The appeal court ruled in the respondent’s favour and dismissed the appeal with costs. The Federal Court correctly understood and applied ss. 208(1)(b) and 236 of the Act, the appeal court held. The Federal Court judge did not err in refusing to exercise his residual discretion to allow the action to proceed, the appeal court said. The judge made no palpable and overriding error in his conclusion that a harassment complaint had not been filed, the appeal court added.

- Date: The hearing was set on Oct. 10, 2023. The court released its decision on Mar. 6, 2024.

- Venue: This was a federal case before the Federal Court of Appeal.

- Amount: No financial award was specified.

Federal Court of Appeal
A-179-22
Labour law
$ 0
Respondent
02 September 2022