The Manitoba Court of King’s Bench has dismissed a lawsuit filed by a former unionized employee with the Winnipeg Police Service (WPS) alleging constructive dismissal and breach of fiduciary.
In her claim, B.D. alleged that she was constructively dismissed after being denied a lateral transfer to the Community Relations Diversity Unit in March 2018, a decision she contended was discriminatory based on ancestry.
The City of Winnipeg moved to have the claim struck, arguing it was an abuse of process, a collateral attack on prior decisions by the Manitoba Human Rights Commission (MHRC) and Manitoba Labour Board (MLB), and fell exclusively under the jurisdiction of labour arbitration.
The court agreed with the City, ruling the issues B.D. raised in her lawsuit were previously addressed and dismissed by both the MHRC and MLB. The MHRC dismissed B.D.’s human rights complaint, citing that investigating her claims further would constitute an abuse of process, as the issues overlapped with the jurisdiction of labour processes.
The MLB subsequently dismissed her complaint against the Winnipeg Police Association (WPA) for allegedly breaching its duty of fair representation, noting no evidence of discriminatory, arbitrary, or bad-faith conduct.
Abuse of process
The court determined that B.D.’s lawsuit constituted an improper attempt to relitigate issues previously dismissed by the MHRC and MLB, which had jurisdiction over the matters. The court emphasized that the appropriate remedy would have been to seek judicial review of those administrative decisions, which B.D. did not pursue.
“The only proper way for Ms. D. to have a matter before this court concerning the subject matter in the claim would have been a judicial review of either the MRHC dismissal or the MLB reconsideration dismissal,” the court stated.
Exclusive jurisdiction of arbitration
Further, the court underscored the principle of exclusive jurisdiction of labour arbitrators, as outlined in recent Supreme Court of Canada jurisprudence, particularly referencing Northern Regional Health Authority v. Horrocks. Under Manitoba’s Labour Relations Act (LRA), disputes relating to collective agreements, including allegations of constructive dismissal, must be resolved exclusively through labour arbitration processes, barring specific legislative exceptions.
The court found that the nature of B.D.’s allegations clearly fell within the exclusive jurisdiction of labour arbitration, governed by her collective bargaining agreement. Specifically, allegations of constructive dismissal due to alleged workplace incidents or conditions are covered by arbitration under the collective agreement between the City and the Winnipeg Police Association (WPA).
The court noted that while B.D. raised concerns about the union not taking her grievance forward, she had recourse through a complaint about unfair labour practice to the MLB, a step she pursued unsuccessfully.
“The absence of union support does not, on its own, justify resorting to civil courts,” the court emphasized. “The employee’s remedy lies within the mechanisms provided by labour legislation.”
No reasonable cause of action
The City also argued that B.D.’s claim contained no reasonable cause of action and was scandalous and vexatious. The court agreed, noting that the statement of claim failed to clearly specify intolerable workplace conditions or adequately connect allegations against specific WPS employees to actionable claims against the City itself. However, since the court concluded the lawsuit was an abuse of process, it did not separately rule on these grounds.
No leave to amend
The court declined to allow B.D. to amend her claim, stating that providing leave to amend would be inappropriate given the abuse of process finding. Consequently, the statement of claim was struck in its entirety without the option to revise and refile.
The City’s motion to strike certain portions of B.D.’s affidavit was also addressed but rendered moot given the court’s decision to dismiss the entire claim.
Background of the case
B.D. was employed by the WPS from December 2000 until her resignation in April 2022. Her dispute with the City began in 2017 when she unsuccessfully sought a lateral transfer to the Community Relations Diversity Unit, leading to multiple complaints alleging discrimination and unfair labour representation, all of which were previously dismissed by the MHRC and MLB. B.D. claimed these incidents ultimately amounted to constructive dismissal, prompting her lawsuit against the City.
In dismissing the case, the court reinforced the jurisdictional boundaries between arbitration, human rights complaints, and civil courts, emphasizing the finality and exclusivity of decisions made within their proper forums.
For more information, see Duncan v. The City of Winnipeg, 2025 MBKB 33 (CanLII).
