Case information

Judgments and orders — Summary judgments — Applicant’s motion to strike respondent’s statement of claim dismissed — Whether the non exercise of executive legislation is a justiciable matter — Whether a province or territory may be held liable for the actions or omissions of a municipal corporation — Whether the test to strike a statement of claim for failing to disclose a reasonable cause of action should be expanded to include a plaintiff’s interpretation of the law —Whether the Nunavut Court of Appeal is in conflict with other Courts of Appeal on issues that should be dealt with uniformly between provinces — Whether this case raises a novel expansion of the Hunt v. Carey test.

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

The respondent brought an action against the Hamlet of Pangnirtung, and the Government of Nunavut for damages for the sexual harassment she experienced while employed by the Hamlet from May to August 2018. The alleged perpetrator was alleged to have made highly sexualized, inappropriate comments to the respondent and to have terminated her employment when she refused to engage in a sexual relationship with him. The Government of Nunavut brought a motion to strike the respondent’s statement of claim pursuant to Rule 129(1) of the Rules of Court, arguing that it disclosed no cause of action as against it, was frivolous, vexatious, and an abuse of process. That motion was dismissed. This decision was upheld on appeal.