Holita v. Canada (Attorney General)

Holita v. Canada (Attorney General)
Court (s) Database
Federal Court Decisions
Date
2024-05-13
Neutral citation
2024 FC 731
File numbers
T-2712-22
Decision Content
Date:
20240513
Docket: T-2712-22
Citation: 2024 FC 731
Ottawa, Ontario ,
May 13, 2024
PRESENT:
Mr. Justice Pentney
BETWEEN:
SUSAN HOLITA
Applicant
and
ATTORNEY GENERAL OF CANADA
Respondent
CONSENT JUDGMENT
UPON correspondence dated May 10, 2024 from the Respondent for a Judgment on consent of the parties granting the application for judicial review;
AND UPON reading the correspondence and noting the consent of the parties by their respective solicitors;
CONSIDERING that it would be in the interests of justice and economy of judicial resources to grant the relief sought;
THIS COURT ORDERS that:
1. The application for judicial review is granted.
2. The ESDC’s decision accepting the investigative report arising from the Applicant’s work place harassment and violence complaint is set aside.
3. The matter is referred back to ESDC for redetermination after a new investigation is conducted by a different investigator and after the Applicant has had the opportunity to see and make submissions on evidence gathered in her absence before any report is sent to ESDC.
4. The Respondent shall pay the Applicant $3,500.00 as her all-inclusive costs.
"William F. Pentney"
Judge
FEDERAL COURT
SOLICITORS OF RECORD
Docket:
T-2712-22
STYLE OF CAUSE:
SUSAN HOLITA v ATTORNEY GENERAL OF CANADA
MOTION IN WRITING CONSIDERED AT OTTAWA, ONTARIO PURSUANT TO RULE 369 OF THE FEDERAL COURTS RULES
CONSENT JUDGMENT:
PENTNEY J.
DATED:
MAY 13, 2024
WRITTEN REPRESENTATIONS BY:
Morgan Rowe Rohoma Zakir
For The Applicant
Jena Montgomery
For The Respondent
SOLICITORS OF RECORD:
RAVENLAW LLP/s.r.l.
Barristers and Solicitors
Ottawa, Ontario
FOR THE APPLICANT
Attorney General of Canada Ottawa, Ontario
For The Respondent