Banerd v. Deputy M.N.R.
T-1934-94
Richard J.
7/11/94
9 pp.
Plaintiff employed as Assistant Deputy Minister, Corporate Management Branch when series of discussions with then Deputy Minister of National Revenue, Customs and Excise, leading to creation of position for him as Special Advisor to Deputy Minister pursuant to deployment agreement, effective September 21, 1992 -- Declared surplus April 5, 1993 and employment terminated October 4, 1993 -- Statement of claim, paragraph 17 alleging misrepresentation of material elements of deployment agreement upon which plaintiff relied to his detriment -- Paragraph 18 alleging breach of contract (deployment agreement) -- Paragraph 19 alleging termination of employment not valid, requesting reinstatement -- Motion dismissed -- Preferable to proceed on basis of R. 401 when objection to Court's jurisdiction -- Affidavit of relevant facts may be introduced in support of application pursuant to R. 401 -- Neither plain and obvious nor beyond doubt plaintiff's entire statement of claim should be struck for disclosing no reasonable cause of action -- Plaintiff pleading sufficient facts to support claim of negligent misrepresentation, breach of contract -- Since Crown can be sued, found liable both in tort and contract, and Court having jurisdiction to hear such claims, paragraphs 17, 18 should not be struck on ground of jurisdiction -- As usual relationship in federal Public Service employment at-will relationship with statutory overlay, no contract of employment per se, no implied notice obligations, Court cannot grant reinstatement -- Statutory scheme for review of employment-related matters -- Paragraph 19 therefore struck -- Claim against Pierre Gravelle, Q.C. personally not requiring existing body of federal law for disposition -- Based on alleged misrepresentations, breach of contract, both of which must be determined according to common law -- As Court lacking jurisdiction over this defendant, action as against him dismissed -- Federal Court Rules, C.R.C., c. 663, RR. 401, 419.