Background: Lucy Chestacow, a former employee, filed a lawsuit against her employer, Mount St. Mary Hospital of Marie Esther Society. Chestacow claimed intolerable employment conditions and mental injuries caused by managerial conduct, which forced her to resign, an act construed as constructive dismissal.

Legal Arguments/Issues:

1. Jurisdiction: The essential nature of the dispute was argued to be outside the jurisdiction of the British Columbia Supreme Court, as it pertained to employment terms under unionized labor, mental injuries related to employment, and union representation.
2. Constructive Dismissal and Mental Injuries: Claims included violations of employment terms and resulting mental injuries, typically governed by the union's grievance and arbitration procedures, and exclusive jurisdiction of WorkSafeBC.
3. Union Representation: Complaints about inadequate union representation by the Hospital Employees’ Union (HEU) were deemed exclusively under the jurisdiction of the B.C. Labour Relations Board.

Held: The application by Mount St. Mary Hospital to strike Chestacow’s claim was granted. The court ruled that all the pleaded issues fell under exclusive jurisdiction regimes, which do not permit civil actions in this context. The claims did not establish a reasonable cause of action that the court could adjudicate at the initial instance.

Costs/Award: Costs of the action were awarded to the defendant, Mount St. Mary Hospital, at Scale B, though the total monetary amount was not specified in the document.