Mahoney,
J.:—This
is
an
appeal
from
the
refusal
of
the
Trial
Division
to
strike
out
the
statement
of
claim
herein
on
the
grounds
that
the
Court
is
without
jurisdiction
to
entertain
the
action,
that
it
discloses
no
reasonable
cause
of
action
and
that
it
is
otherwise
an
abuse
of
process.
We
would
dismiss
the
appeal
but
we
would
also,
pursuant
to
subsection
50(1)
of
the
Federal
Court
Act,
stay
the
action
until
the
respondent's
(plaintiff's)
grievance
in
respect
of
her
discharge
has
been
finally
disposed
of
pursuant
to
the
Public
Service
Staff
Relations
Act.
The
respondent
was
a
tax
auditor
employed
by
the
Department
of
National
Revenue,
Taxation.
She
was
fired
when
her
employer
determined
that
she
had
falsified
her
1981,
1982
and
1983
personal
income
tax
returns.
She
says
that
such
use
of
the
information
in
her
personal
income
tax
returns
was
contrary
to
section
241
of
the
Income
Tax
Act.
She
seeks
in
this
action,
among
other
relief,
a
declaration
to
that
effect.
She
also
claims
damages.
The
question
of
whether
she
was
disciplined
according
to
law
is
precisely
the
issue
presently
before
the
Adjudicator.
Assuming
that
she
is
successful
in
recovering
damages
in
this
Court,
it
would
be
practically
impossible
to
assess
those
damages
before
the
Adjudicator
makes
his
award.
lt
appears
that
the
Adjudicator
has
adjourned
his
hearing
pending
disposition
of
this
action.
It
is
expected
that
he
will
now
proceed.
We
are
not
aware
of
any
limitation
on
his
control
over
his
own
procedures
that
would
prevent
him
from
conducting
them
in
a
manner
that
will
obviate
any
further
injury
to
the
respondent
as
a
result
of
the
disclosure
at
the
hearing
of
information
contained
in
the
tax
returns.
We
also
note
that
the
learned
trial
judge
found
it
necessary
to
express
a
concluded
opinion
on
the
central
issue
in
this
action.
We
assume
this
will
be
remembered
should
the
action
eventually
proceed.
Appeal
dismissed.
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