Murray

Parties/Partis: Ellsworth Olson Murray v. Her Majesty the Queen

Court # Cour: A-77-81

Judgment/Jugement Date: 1983-04-06

REASONS FOR JUDGMENT

HEALD J.

This is an appeal from a judgment of the Trial Division which related to two actions, being numbers T-2825-73 and T-4384-78. The actions were tried together on common proof. The Trial Judge decided that the decision in the later action would cover all the issues raised in both actions since, in his view, the allegations in the second action repeat those in the first action and merely carry them forward to a later date. The Trial Judge gave judgment in favour of the plaintiff for special damages in the amount of $4,222.30 and general damages in the amount of $7,500.00. He also awarded costs to the plaintiff on a party to party basis. The plaintiff appeals from this judgment while the defendant cross-appeals, contending that the judgment of the Trial Division should be varied.

THE FACTS

The relevant facts are set out exhaustively in the reasons of the Trial Judge. For the purposes of this appeal I summarize them as follows. The appellant entered the employ of the Customs and Excise Branch of the Department of National Revenue, Government of Canada in 1965 as a Dominion Customs Appraiser (DCA 1), roughly the equivalent of a PM-1. He rose to the category of PM-3. In late 1971 and early 1972 extensive reorganization took place in the Department and as a consequence, an Anti-Dumping Division was created. New job