Digest: Rowley v Can-West Agencies Ltd., 2018 SKQB 224

• Date: August 18, 2019

Reported as: 2018 SKQB 224

Docket Number: QB18224 , QBG 393/18 JCS

Court: Court of Queen's Bench

Date: 2019-08-18

Judges:

• Rothery

Subjects:

• Civil Procedure � Application to Strike Statement of Claim
• Civil Procedure � Queen�s Bench Rule 13-8
• Statutes � Interpretation � Saskatchewan Employment Act

Digest: The plaintiffs sued the defendant employer for constructive dismissal from their employment based on discrimination. They sued the individual defendant, G.A., in his capacity as director of the employer for his joint and several liability for unpaid wages. The Worker�s Compensation Board determined that the plaintiffs� original claims in tort were barred by the Worker�s Compensation Act because they were allegations of work injuries. The plaintiffs then amended their claim. The claims of constructive dismissal and breach of contract were not claims for work injury. The defendants applied to strike portions of the plaintiffs� amended claim, as follows: 1) the paragraphs that continued to plead tort allegations against the employer; 2) paragraphs that plead evidence rather than material facts, in contravention of rule 13-8; and 3) the claim against G.A. for disclosing no cause of action because the liability against him as director, pursuant to s. 2-68 of The Saskatchewan Employment Act, was not crystallized because no liability had been found against the employer.
HELD: The court dealt with the defendants� claims as follows: 1) the paragraphs of the claim continuing to plead tort claims were struck; 2) the court found two paragraphs contained evidence that the plaintiffs intended to use to prove their material facts; and 3) G.A. was properly added as a defendant. The director was jointly and severally liable with the employer to the maximum amount of six months� wages. The court ordered that the costs would follow the cause because of the divided success on the application.

Statutes Considered:

• Labour Standards Act, RSS 1978, c L-1, s 2(r)
• Labour Standards Act, RSS 1978, c L-1, s 63(1)
• Labour Standards Act, RSS 1978, c L-1, s 114
• Saskatchewan Employment Act, SS 2013, c S 15.1, s 2-68
• Saskatchewan Employment Act, SS 2013, c S-15.1, s 2-68(1)
• Saskatchewan Employment Act, SS 2013, c S-15.1, s 2-68(2)
• Saskatchewan Human Rights Code, SS 1979, c S-24.1, s 16
• Workers� Compensation Act, 2013, SS 2013, c W-17.11, s 43
• Workers� Compensation Act, 2013, SS 2013, c W 17.11, s 169

Rules Considered:

• QB Rule...