Kafka v. Winnipeg (City), (1986) 42 Man.R.(2d) 273 (QB)

• Judge: Monnin, J.
• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: March 25, 1986
• Jurisdiction: Manitoba
• Citations: (1986), 42 Man.R.(2d) 273 (QB)

Kafka v. Winnipeg (1986), 42 Man.R.(2d) 273 (QB)

MLB headnote and full text

Kafka v. City of Winnipeg

(Suit No. 85-01-00423)

Indexed As: Kafka v. Winnipeg (City)

Manitoba Court of Queen's Bench

Monnin, J.

March 25, 1986.

Summary:

The defendant applied to strike out, stay or dismiss the plaintiff's action under Queen's Bench Rule 121, on the ground that the statement of claim failed to disclose a reasonable cause of action or that the action was frivolous and vexatious or an abuse of process.

The Manitoba Court of Queen's Bench dismissed the application.

Labour Law - Topic 6402

Industrial relations - Collective agreement - Interpretation - Effect of, on employer-employee contract and availability of court action - A city employee resigned and then brought a civil action for a declaration that he was entitled to full disability benefits under the provisions of a city bylaw - The Manitoba Court of Queen's Bench held that the issue was contractual and that the employee was not bound to follow the grievance and arbitration provisions of the collective agreement.

Cases Noticed:

Dunkley v. Misericordia General Hospital (1979), 1 Man.R.(2d) 53 (C.A.), refd to. [para. 4].

Campbell v. East-West Packers (1969) Ltd. (1982), 18 Man.R.(2d) 293 (C.A.), refd to. [para. 4].

Statutes Noticed:

City of Winnipeg Bylaws, Bylaw 1125/75 [paras. 5-6, 8-10].

Counsel:

A.H. Adam, for the plaintiff;

M.S. Samphir and M. Cavett, for the defendant.

This application was heard before Monnin, J., of the Manitoba Court of  Queen's Bench, whose decision was delivered on March 25, 1986.