Hodson v. Canada
T-3267-90
Gibson J.
2/10/95
28 pp.
Action for damages ($1,000,000) and declaratory and injunctive relief arising out of plaintiff's severance from employment in Public Service of Canada (within Department of Supply and Services' Information Technology Centre (ITEC) of Bureau of Management Consulting (BMC)) and substance of certain policies (contractual relations with former public servants) in relation to plaintiff-Issues (1) whether defendant negligently misrepresented plaintiff "affected employee" due to discontinuance of function under Work Force Adjustment Policy (WFAP) or that defendant dealing with plaintiff's situation under WFAP; (2) did defendant discriminate against plaintiff based on employment in ITEC or based on age-Plaintiff becoming designated employee under WFAP as result of decision, in 1989, to disband ITEC and to merge with other departmental unit-Plaintiff, convinced resignation only option, negotiated severance effective June 1990 with compensation package comprising severance pay, separation benefit, payment in lieu of unfulfilled surplus period and payment in lieu of unfulfilled leave-Action dismissed-Question as to Court's jurisdiction raised by Court but not by parties-Although duty of care owed to plaintiff, plaintiff's function really discontinued by reason of work force adjustment and plaintiff "affected employee"-And although defendant's failure to review work contracted out may have breached duty owed to plaintiff, no misrepresentation with respect to likelihood of redeployment-No breach of duty by defendant in failing to offer plaintiff language training-No negligent misrepresentation plaintiff "affected employee" due to discontinuance of function under WFAP or that defendant dealing with employment situation under policy-Fact ITEC positions deemed surplus while other staff reductions within BMC occurred by way of seeking volunteers insufficient to establish discrimination under Charter or Bill of Rights-Lack of evidentiary basis to establish discrimination on basis of age-Furthermore, claim of discrimination on basis of age in effect claim for wrongful dismissal and Crown servant cannot in law assert claim for wrongful dismissal from employment.