Campbell v. East-West Packers (1969) Ltd., (1982) 20 Man.R.(2d) 146 (CA)

• Judge: Monnin, Hall and O'Sullivan, JJ.A.
• Court: Court of Appeal (Manitoba)
• Case Date: December 09, 1982
• Jurisdiction: Manitoba
• Citations: (1982), 20 Man.R.(2d) 146 (CA)

Campbell v. East-West Packers (1982), 20 Man.R.(2d) 146 (CA)

MLB headnote and full text

Campbell v. East-west Packers (1969) Ltd.

Indexed As: Campbell v. East-West Packers (1969) Ltd.

Manitoba Court of Appeal

Monnin, Hall and O'Sullivan, JJ.A.

December 9, 1982.

Summary:

An employee brought an action against his former employer for damages for wrongful dismissal. The employer applied to have the employee's statement of claim struck out. The Referee dismissed the application. The employer appealed.

The Manitoba Court of Queen's Bench, in a decision reported in 15 Man.R.(2d) 212, allowed the employer's appeal, dismissing the employee's statement of claim. The employee appealed.

The Manitoba Court of Appeal, in a decision reported in 18 Man.R.(2d) 293, dismissed the appeal but varied the order of the Queen's Bench, striking out the statement of claim rather than dismissing it. The employee applied for leave to appeal to the Supreme Court of Canada.

The Manitoba Court of Appeal dismissed the application. O'Sullivan, J.A., dissenting, would have granted leave to appeal.

Practice - Topic 9090

Appeals - Supreme Court of Canada - Leave to appeal by a provincial court of appeal - The Manitoba Court of Appeal denied a motion for leave to appeal its decision to the Supreme Court of Canada because there were no special circumstances to warrant leave - The court stated that such motions should be made to the Supreme Court of Canada, not the provincial court of appeal - See paragraphs 1 to 4.

Cases Noticed:

Central Computer Services Limited and Comcheq Services Limited v. Toronto Dominion Bank, [1980] 3 W.W.R. 587, refd to. [para. 2].

McGavin-Toastmaster Limitée v. Ainscough et al., [1975] 5 W.W.R. 444, refd to. [para. 9].

Photo Production Ltd. v. Securicor Transport Ltd., [1980] 1 All E.R. 556, refd to. [para. 9].

Woods v. Miramichi et al. (1966), 59 D.L.R.(2d) 290, refd to. [para. 10].

Logan v. Board of School Trustees District No. 14 (1973), 8 N.B.R.(2d) 269; 40 D.L.R.(3d) 152, refd to. [para. 10].

General Motors of Canada Ltd. v. Brunet et al., [1977] 2 S.C.R. 537; 13 N.R. 233, refd to. [para. 10].

Statutes Noticed:

Supreme Court Act, R.S.C. 1970, c. S-19, sect. 38 [para. 2].

Counsel:

O.G. Ament, for the appellant;

D.H. Kells, for the respondent.

This application was heard on December 9, 1982, by MONNIN, HALL AND O'SULLIVAN, JJ.A., of the Manitoba Court of Appeal. On December 9, 1982, the decision of the Court of Appeal was delivered and the following opinions were filed:

MONNIN, J.A. - See paragraphs 1 to 5;

HALL, J.A. - See paragraph 6;

O'SULLIVAN, J.A., dissenting - See paragraphs 7 to 14.