Case Overview:
Andras Gabriel filed claims against his former employer, Surerus Pipeline Inc., co-worker David Pecquery, and the Canadian Iron, Steel and Industrial Workers' Union. Gabriel alleged that Pecquery assaulted him, leading to his wrongful termination after he reported the incident.

Legal Claims:
Gabriel claimed personal injury (assault), wrongful dismissal, conspiracy, and public misfeasance. He argued he was not covered by the collective bargaining agreement between Surerus and the Union, which could affect the court’s jurisdiction over his claims.

Jurisdictional Issues:
Surerus and Pecquery sought to have the claims dismissed or stayed, arguing that the court lacked jurisdiction due to Gabriel's employment being governed by the Workers Compensation Act, which provides a statutory bar. Gabriel disputed his coverage under the collective agreement.

Court's Decision on Employment:
The court found there was an arguable case that Gabriel’s position (surveyor) was not covered by the collective agreement, leaving room for his claims to proceed.

Workers' Compensation Defense:
Pecquery argued that the claims were barred by Section 127 of the Workers Compensation Act. The court dismissed this application, stating that a Workers' Compensation Appeal Tribunal (WCAT) determination was required.

Disposition:
Both applications to dismiss or stay were denied. No costs or awards were mentioned in favor of either party at this stage.