McMillan v. Canada
Dustin McMillan
His Majesty the King

- Parties: The appellant was Dustin McMillan. The respondent was His Majesty the King.

- Subject Matter: The appellant, a former temporary employee of the Royal Canadian Mounted Police, was the representative plaintiff in a proposed class proceeding seeking damages for alleged systemic bullying, intimidation, and harassment within RCMP workplaces.

- Ruling: The appeal court dismissed the Crown’s cross-appeal and partly allowed the appellant’s appeal with regard to the Federal Court’s error in denying the appellant leave to amend his statement of claim. Regarding the main appeal, the appeal court concluded that the Federal Court did not err in striking the appellant’s statement of claim for failure to plead material facts, except in relation to the claims of the Kelowna temporary civilian employees (TCEs) and did not err in declining to exercise its residual jurisdiction over the claims of class members except those of the Kelowna TCEs. Regarding the Crown’s cross-appeal, the appeal court rejected its contention that it was plain and obvious that the Kelowna TCEs’ claims were doomed to fail because the RCMP employed these individuals under employment contracts. The appeal court added that the Federal Court did not err in dismissing the appellant’s certification motion.

- Date: The hearing was set on Sept. 10, 2024. The court released its decision on Nov. 27, 2024.

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

- Amount: The appeal court awarded no costs as neither party sought a costs award relating to the appeal or cross-appeal.

Federal Court of Appeal
A-9-24
Class actions
$ 0
Other
05 January 2024