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Labour - Remedial LRA Exclusivity (Weber) - Exception: Malicious Prosecution. Rukavina v. Ottawa (Police Services Board)
In Rukavina v. Ottawa (Police Services Board) (Ont CA, 2020) the Court of Appeal considered when a malicious prosecution lawsuit by a police officer against other police officers and the police board, was governed the collective agreement (as in Weber) or could proceed as a lawsuit. The court found that the action could proceed, as the appropriate issue was what the "essential nature" of the facts were [paras 30-66]:[52] The facts relating to Mr. Rukavina are notably different. Mr. Rukavina is not alleging that he was unfairly disciplined by his employer. Rather, he is alleging that he was wrongfully charged with criminal offences after his fellow officers lied to the SIU and that his superior officers acted in a manner that continued to mislead the SIU. The allegations do not pertain to discipline. At their highest, these are allegations of criminal activity, knowingly and intentionally misleading a criminal investigation.
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