Karen Adelberg et al v. His Majesty the King et al
KAREN ADELBERG ET AL
Law Firm / Organization
Independent
Lawyer(s)

Rocco Galati

HIS MAJESTY THE KING ET AL
Law Firm / Organization
Department of Justice Canada

- Parties: The appellants included Karen Adelberg. The respondents included His Majesty the King.

- Subject Matter: Employer policies required the plaintiffs to be vaccinated against COVID-19 or else the employer would terminate them or would place them on leave without pay. A statement of claim alleged that the policies violated the plaintiffs’ rights under the Canadian Charter of Rights and Freedoms. The Federal Court entirely struck the claims of the plaintiffs subject to s. 236 of the Federal Public Sector Labour Relations Act, 2003 and refused to grant them leave to amend their claims. These plaintiffs were members of the Royal Canadian Mounted Police or were employed in other federal departments and agencies or other portions of the public service listed in Schedule “A” to the court’s reasons. The court also struck the claims of the other plaintiffs who were employed by other organizations but granted them leave to amend.

- Ruling: The appeal court partly allowed this appeal, set aside the Federal Court’s judgment, and amended the judgment to grant the plaintiffs leave to amend their claims. The appeal court also set aside the Federal Court’s costs award since success was divided before the appeal court and before the Federal Court. The appeal court awarded no costs relating to this appeal.

- Date: The hearing was set on Nov. 8, 2023. The court released its decision on June 7, 2024.

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

- Amount: No financial award was specified.

Federal Court of Appeal
A-67-23
Labour law
$ 0
Other
03 March 2023