The Yukon Supreme Court has struck down yet another attempt by former Yukon government employee Juanita Wood, to be reinstated to her position within the Department of Highways and Public Works. Crystal Schick/Yukon News file

Yukon Supreme Court strikes petition by former YG employee seeking to be reinstated

In her decision, Justice Myra Bielby described Juanita Wood as a vexatious litigant

The Yukon Supreme Court has struck down yet another attempt by a former Yukon government employee to be reinstated to her position within the Department of Highways and Public Works (HPW), calling her petition for a judicial review of her firing “vexatious” and “an abuse of the process of the court.”

Juanita Wood was terminated from her role as a heavy equipment operator while still on probation in February 2015. She filed a petition in January 2018 against the Yukon government’s Occupational Health and Safety Branch seeking a judicial review of her termination, alleging that she was fired because she had raised safety concerns about the worksite.

However, in a written decision released May 3, Yukon Supreme Court Justice Myra Bielby dismissed the petition, calling Wood’s multiple attempts via various avenues to get her job back an abuse of process.

In her decision, Bielby noted that Wood had filed a lawsuit against HPW in May 2016 which also alleged that she had been fired for raising safety concerns, and which also sought her reinstatement with HPW or another branch of the Yukon government and wages she would have earned if she hadn’t been fired.

The case was dismissed in December the same year after Yukon Supreme Court Justice Leigh Gower found the lawsuit contained “no reasonable claim or cause of action” and was vexatious.

Wood has also unsuccessfully taken her case to the Yukon Workers Compensation Health and Safety Board and Yukon Human Rights Commission.

“While Ms. Wood has again chosen a different procedural vehicle to advance her claim in the current action, and has chosen a different branch of the Government of Yukon as a Respondent, the basis for her claim is identical to the one Judge Gower has previously decided discloses no cause of action, is vexatious and is an abuse of process,” Bielby wrote.

“Ms. Wood is bound by the substantive results of Judge Gower’s decision. She is not entitled to reargue her claim simply by choosing another procedural vehicle, this time a petition, whereas the action before Judge Gower was advanced by way of statement of claim.”

Although that alone would be grounds to dismiss the case, Bielby also noted she would have struck Wood’s petition anyway because it was “vexatious,” contained “no reasonable claim” and was an abuse of process, having been filed long after the one-year limitation period outlined under the Occupational Health and Safety Act.

Bielby dismissed the petition and awarded costs to the government.

Contact Jackie Hong at jackie.hong@yukon-news.com

LabourYukon courtsYukon government

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Chief Medical Officer of Health Dr. Brendan Hanley. (Crystal Schick/Yukon News)
Exposure notice issued for April 3 Air North flight

Yukon Chief Medical Officer of Health Dr. Brendan Hanley has issued another… Continue reading

Crystal Schick/Yukon News file
Runners in the Yukon Arctic Ultra marathon race down the Yukon River near the Marwell industrial area in Whitehorse on Feb. 3, 2019.
Cold-weather exercise hard on the lungs

Amy Kenny Special to the Yukon News It might make you feel… Continue reading

Yukonomist Keith Halliday
YUKONOMIST: The Neapolitan election

Do you remember those old bricks of Neapolitan ice cream from birthday… Continue reading

Whitehorse City Hall (Joel Krahn/Yukon News file)
This week at city hall

A look at issues discussed by Whitehorse city council at its April 6 meeting.

Two people walk up the stairs past an advance polling sign at the Canda Games Centre on April 4. (Haley Ritchie/Yukon News)
April 12 is polling day: Here’s how to vote

If in doubt, electionsyukon.ca has an address-to-riding tool

lwtters
Today’s Mailbox: Rent freezes and the youth vote

Dear Editor, I read the article regarding the recommendations by the Yukon… Continue reading

Point-in-Time homeless count planned this month

Volunteers will count those in shelters, short-term housing and without shelter in a 24-hour period.

The Yukon’s new ATIPP Act came into effect on April 1. Yukoners can submit ATIPP requests online or at the Legislative Assembly building. (Gabrielle Plonka/Yukon News file)
New ATIPP Act in effect as of April 1

The changes promise increased government transparency

A new conservancy in northern B.C. is adjacent to Mount Edziza Provincial Park. (Courtesy BC Parks)
Ice Mountain Lands near Telegraph Creek, B.C., granted conservancy protection

The conservancy is the first step in a multi-year Tahltan Stewardship Initiative

Yukon RCMP reported a child pornography-related arrest on April 1. (Phil McLachlan/Black Press file)
Whitehorse man arrested on child pornography charges

The 43-year-old was charged with possession of child pornography and making child pornography

Team Yukon athletes wave flags at the 2012 Arctic Winter Games opening ceremony in Whitehorse. The postponed 2022 event in Wood Buffalo, Alta., has been rescheduled for Jan. 29 to Feb. 4, 2023. (Justin Kennedy/Yukon News file)
New dates set for Arctic Winter Games

Wood Buffalo, Alta. will host event Jan. 29 to Feb. 4, 2023

Victoria Gold Corp. has contributed $1 million to the First Nation of Na-cho Nyak Dun after six months of production at the Eagle Gold Mine. (Submitted/Victoria Gold Corp.)
Victoria Gold contributes $1 million to First Nation of Na-cho Nyak Dun

Victoria Gold signed a Comprehensive Cooperation and Benefits Agreement in 2011

Most Read