Appellant
Respondent
Background and Procedural History: Masood Masjoody and Amélie Trotignon, Ph.D. graduates from Simon Fraser University (SFU), worked as sessional instructors or teaching assistants and were union members under a collective agreement. On April 30, 2020, Masjoody filed a civil claim against Trotignon and SFU, later amended to include defamation and conspiracy.
Jurisdiction and Legal Issues: Respondents argued the court lacked jurisdiction, asserting the dispute was tied to employment conditions under the collective agreement and claimed the proceedings were an abuse of process. On August 3, 2021, Justice Fitzpatrick struck Masjoody’s amended pleading and dismissed the claim, citing lack of jurisdiction. Masjoody’s appeal was dismissed on April 8, 2022.
Cause of Action Estoppel: Masjoody sought to appeal Justice Fitzpatrick's order to be seized of further applications, alleging bias. The court applied cause of action estoppel, which prevents revisiting issues that could have been raised in the first appeal, and found the issue moot.
Costs: Justice Fitzpatrick ordered Masjoody to pay the proceeding costs. The document did not specify the amount of costs or any award in favor of the successful party.
Disposition: The appeal was dismissed, with the court emphasizing the principles of finality and fairness in litigation and the doctrine of mootness, affirming that the matter did not warrant further judicial resources.
Court
Court of Appeals for British ColumbiaCase Number
CA48922Practice Area
Labour lawAmount
Winner
RespondentTrial Start Date
Download documents