Alberta lawyer files another in series of lawsuits from COVID vax-averse Manitobans seeking damages from employers

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This article was published 07/11/2023 (697 days ago), so information in it may no longer be current.

LONG after Manitoba lifted public health orders surrounding the COVID-19 pandemic, major employers continue to be hit with civil lawsuits seeking damages and citing infringements on personal rights.

The latest such suit — filed Oct. 31 in Court of King’s Bench — is targeting the Canadian National Railway Co., with plaintiff Kenton Hildebrand seeking more than $250,000 in compensation.

The suit alleges Hildebrand, who worked for Canada’s largest railway for 22 years, was wrongfully placed on unpaid leave on Nov. 15, 2021 after refusing to disclose his vaccination status. The action came less than a month after CN introduced a company-wide policy requiring all employees to have at least one dose of a COVID-19 vaccine before that date, and be fully vaccinated before Jan. 24, 2022.

At the time, the federal government required vaccinations for all railway employees in Canada. The policy was consistent with others adopted by front-line public-service organizations, including health care, corrections, education and child care.

Hildebrand opposed the policy, which he felt created a hostile work environment and forced employees to reveal private medical information. He was subject to “repeated communications, threats and other harassing behaviour,” suffering mental anguish, anxiety and injuries to his dignity as a result, the suit says.

“The draconian steps taken by the company to enforce its policy, as well as the policy itself, are incongruent with its claims of promoting well-being and safety,” it says. “CN actively, knowingly and wilfully harmed Hildebrand. CN’s conduct was high-handed and improper.”

At the time of his dismissal, Hildebrand was working as an account manager in charge of one of CN’s largest customer accounts and earning an annual salary of $119,804.

Leighton Grey of Grey Wowk Spencer LLP is representing Hildebrand in his case. The Alberta-based lawyer has led at least three similar suits in Manitoba.

In June 2022, Grey represented 16 unvaccinated Manitoba health system employees in a lawsuit against chief public health officer Brent Roussin, Shared Health and the Province of Manitoba.

In December of the same year, he represented Courtney Peters in a lawsuit against the Winnipeg Police Service.

The following month, he filed a suit on behalf of three University of Winnipeg Collegiate instructors.

In all cases, the plaintiffs were seeking damages from their employers after being placed on leave for refusing to disclose their COVID-19 vaccination status.

A review of court records shows all of the cases were later discontinued by Grey after the defendants filed motions calling for the claims to be dismissed.

“The statement of claim is an abuse of the process of the court, and is scandalous, frivolous and vexatious,” a lawyer representing the Winnipeg police, City of Winnipeg, the province and Roussin — who were all targeted in the Peters suit — wrote in a strike motion.

“It pleads general discontent with vaccines and the response to the COVID-19 pandemic, rather than material facts of any action.”

Grey declined a Free Press request for comment, but said he would extend the request to Hildebrand, who did not respond.

tyler.searle@freepress.mb.ca