ARMED FORCES |
Hébert v. Canada
T-2470-94
2001 FCT 99, Blais J.
20/2/01
5 pp.
Practice--In action against Crown for wrongful dismissal, motion to strike paragraph in statement of claim on ground termination of employment of member of Armed Forces created no civilian cause of action for wrongful dismissal--Courts should treat with scepticism LeBlanc v. Canada (Attorney General) (1999), 175 D.L.R. (4th) 559 (B.C.S.C.), which departs from precedent and appears to conclude dismissed soldier can no longer benefit from internal remedies provided by National Defence Act, merely civilian action--Motion allowed--Paragraph should be struck as written--Plaintiff can however amend statement of claim, if sees fit--National Defence Act, R.S.C., 1985, c. N-5.
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