RCMP |
Trudgian v. Canada
T-2092-98
2001 FCT 1270, Gibson J.
20/11/01
10 pp.
Plaintiff took 6-month leave of absence from B.C. government job to attend RCMP Cadet Training Program in Regina--Signed contract--Plaintiff never completed program: another cadet complained plaintiff had sexually assaulted her in course of broom ball game at Academy--Plaintiff arrested and charged with sexual assault by Regina police--After counsel for plaintiff's request for opportunity to make submissions remained unanswered, plaintiff received contract termination notice--Plaintiff subsequently exonerated of allegations of sexual assault made against him--Claiming general damages, special damages, aggravated damages and costs--Action subsequently transmuted into one based on breach of contract--Action allowed--According to contract, RCMP had discretion available to it as to whether to terminate plaintiff's contract, adopt some alternative course of action, or simply take no action at all--There was at least minimal duty on part of RCMP to act fairly towards plaintiff before determining appropriate course of action in all of circumstances--Conflicting interests at stake: those of plaintiff, complaining cadet, all cadets in plaintiff's troop, RCMP, efficacy of training program--That plaintiff had legitimate interest in outcome of considerations going on within RCMP over few days in question did not appear to cross mind of at least one of RCMP officers involved in process leading to termination--Some obligation to act fairly in application of contractual provisions: Phillips v. Foothills Provincial Gen. Hospital (1989), 95 A.R. 268 (Alta. Q.B.), particularly so in circumstances of significant imbalance in power between parties to contract, as herein--RCMP officers who dealt with plaintiff's case herein not skilled in niceties of legal procedures but were charged with responsibility of maintaining high standard and reputation of RCMP--Fairness among those standards, and central to reputation--Nothing herein to indicate fairness anywhere present in minds of those involved in termination process--Claim for aggravated damages and punitive damages rejected outright: Vorvis v. Insurance Corp. of British Columbia, [1989] 1 S.C.R. 1085--No actionable wrong on part of RCMP--Plaintiff awarded $10,000 as global sum for damages.