- Parties: The plaintiffs were Stacey Helena Payne, John Harvey, and Lucas Diaz Molaro. The defendant was His Majesty the King. 

- Subject Matter: The statement of claim in the underlying proposed class action challenged the Treasury Board of Canada’s Policy on COVID-19 Vaccination for the Core Public Administration Including the Royal Canadian Mounted Police, issued on Oct. 6, 2021. The claim alleged causes of action under s. 2(d) of the Canadian Charter of Rights and Freedoms relating to the right of freedom of association and under the tort of misfeasance in public office, all in connection with the vaccination policy. The defendant moved to strike the entire claim without leave to amend under r. 221(1)(a) of the Federal Courts Rules, SOR/98-106 on the basis that the claims fell beyond the court’s jurisdiction. 

- Ruling: The court partly granted the defendant’s motion, struck the claim’s portion regarding the alleged tort of misfeasance in public office, and decided not to strike the portion relating to the plaintiffs’ assertion of their Charter rights. The court held that the claims asserting the tort of misfeasance in public office fell outside the court’s jurisdiction, given that the Federal Public Sector Labour Relations Act, 2003 afforded the plaintiffs grievance rights in connection with these claims. 

- Date: The hearing was set on Dec. 13, 2024. The court released its decision on Jan. 2, 2025. 

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

- Amount: The court awarded no costs on this motion.