tag:blogger.com,1999:blog-7916767120530431852.post2136684386581396213..comments2024-03-23T13:03:48.917-04:00Comments on Labour Pains: SCC Refuses to Hear Case from Unionized Employee who Sued for Breach of Confidence and DefamationSean Bawdenhttp://www.blogger.com/profile/12478582658843470140noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-7916767120530431852.post-15607823584647833012016-06-12T20:36:39.363-04:002016-06-12T20:36:39.363-04:00First and foremost the Supreme Court of Canada is ...First and foremost the Supreme Court of Canada is not a trial court. One cannot simply show up and argue one's case at the Supreme Court of Canada.<br /><br />As to whether you may still have the right to access the court system, you need specific legal advice. If you are located in Ontario, then I may be able to assist you with that advice, provided that we can come to terms on a retainer. Please contact me via email at sbawden@kellysantini.com.Sean Bawdenhttps://www.blogger.com/profile/12478582658843470140noreply@blogger.comtag:blogger.com,1999:blog-7916767120530431852.post-52145072821345435222016-06-12T07:47:02.734-04:002016-06-12T07:47:02.734-04:00I am a unionized employee and would like to sue my...I am a unionized employee and would like to sue my employer in SCC for defamation. The limitations for bringing an action against my employer through the collective agreement is 15 days from the time the event occurred. That timeline for me has long past. Conversely, the statue of limitations on defamation claims is 2 years for SCC actions. <br /><br />I suggest that the different limitation periods are inherently disadvantageous to unionized employee and that on this basis a unionized employee should be able to sue for defamation in SCC. <br /><br />I refer to the following part of the decision by the Court of Appeal in Alberta: <br /><br />"The courts retain a residual inherent jurisdiction in exceptional cases, where the remedy required to resolve a dispute is not available through the collective agreement’s dispute resolution procedure."<br /><br />In my case, the remedy to resolve my claim is no longer available through the collective agreement dispute resolution procedure, specifically because of the restrictive timeline imposed on process in the collective agreement. For this reason, remedy through the collective agreement can no longer be obtained. <br /><br />Can this be an argument for taking my claim to SCC and having it heard? Anonymoushttps://www.blogger.com/profile/02334430687470819378noreply@blogger.com