Canada v. Hodson
A-230-91
Stone J.A.
3/11/92
5 pp.
Appeal from order denying application to strike out statement of claim -- Respondent, former indeterminate Crown employee alleging laid off due to shortage of work, but work previously done by him now contracted out -- Later accepted severance package allegedly under protest -- Seeking compensation for lost income, pension benefits, royalties, trauma and stress; declaratory and injunctive relief -- Trial Judge holding underlying complaint wrongful dismissal, but statement of claim also alleging negligent misrepresentations leading him to adopt course of action before laid off and others relating to post-employment conditions to be imposed -- Appeal dismissed -- Although Crown servant not having claim in contract for wrongful dismissal in absence of special circumstances (and none herein), not plain and obvious and beyond doubt causes of action based on alleged discrimination, negligent misrepresentation and illegality of government policies should be struck -- Pleading not amenable to severance -- Public Service Employment Act, R.S.C., 1985, c. P-33, s. 24.