Shortly after 9/11, James Symington, a Halifax police officer, voluntarily went to New York City to assist in rescue efforts at Ground Zero. Mr. Symington is credited with having located the last survivor of the attack. His employer, the Halifax Regional Police, did not approve of the rescue mission. At the time, Mr. Symington was on a workplace related stress leave. Mr. Symington alleges that, on his return to Halifax, his employer initiated immediate criminal and disciplinary proceedings against him, alleging that he was fraudulently taking sick leave. All of these proceedings were either dropped or resolved in his favour. Mr. Symington then sued his employer for malicious prosecution, abuse of power, and negligent investigation. The employer alleged that Mr. Symington was not allowed to bring an action in court because, as a member of a union, he had to file grievances over the employer's actions. The employer also argued that Symington had exhausted his avenues of redress when he defended its actions against him. In a unanimous decision, the Nova Scotia Court of Appeal ruled that the majority of Symington's claims were in the right forum and that he can proceed with his lawsuit. The Court did strike out claims related to the employer's use of its disciplinary mechanisms against Symington.
The decision is reported here
James Symington is represented by Michael Wright and Stephen Moreau.