Lavigne v. Canada (Human Rights Commission)

Lavigne v. Canada (Human Rights Commission)
Base de données – Cour (s)
Décisions de la Cour d'appel fédérale
Date
2013-09-11
Référence neutre
2013 FCA 207
Numéro de dossier
A-428-12, A-429-12
Contenu de la décision
Date: 20130911
Dockets:
A-429-12
A-428-12
Citation: 2013 FCA 207
CORAM:
NOËL J.A.
TRUDEL J.A.
MAINVILLE J.A.
Docket:
A-429-12
BETWEEN:
ROBERT LAVIGNE
Appellant
and
CANADIAN HUMAN RIGHTS COMMISSION
CANADA POST CORPORATION
THE CANADIAN UNION OF POSTAL WORKERS
Respondents
Docket:
A-428-12
BETWEEN:
ROBERT LAVIGNE
Appellant
and
CANADA POST CORPORATION
THE CANADIAN UNION OF POSTAL WORKERS
Respondents
Heard at Montréal, Quebec, on September 11, 2013.
Judgment delivered from the Bench at Montréal, Quebec, on September 11, 2013.
REASONS FOR JUDGMENT OF THE COURT BY: NOËL J.A.
Date: 20130911
Dockets:
A-429-12
A-428-12
Citation: 2013 FCA 207
CORAM:
NOËL J.A.
TRUDEL J.A.
MAINVILLE J.A.
Docket:
A-429-12
BETWEEN:
ROBERT LAVIGNE
Appellant
and
CANADIAN HUMAN RIGHTS COMMISSION
CANADA POST CORPORATION
THE CANADIAN UNION OF POSTAL WORKERS
Respondents
Docket:
A-428-12
AND BETWEEN:
ROBERT LAVIGNE
Appellant
and
CANADA POST CORPORATION
THE CANADIAN UNION OF POSTAL WORKERS
Respondents
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Montréal, Quebec, on September 11, 2013).
NOËL J.A.
[1] These are two consolidated appeals from orders of the Federal Court wherein Martineau J. (the Federal Court judge) dismissed the appellant’s motion to set aside an earlier order issued by Prothonotary Morneau (the Prothonotary) dismissing the actions brought by Robert Lavigne (the appellant) in Federal Court files T‑105‑10 and T‑107‑10 for delay following a status review.
[2] The two appeals were consolidated by order of this Court issued on December 12, 2012. The reasons which follow dispose of both appeals, the original being filed in file A‑429‑12 and a copy thereof in file A‑428‑12.
[3] The appellant seeks to have the order of the Federal Court judge overturned on a variety of grounds.
[4] We are satisfied that there has been no misuse of judicial discretion on the part of the Prothonotary and that the Federal Court judge properly declined to intervene. We are also satisfied that given the background to this case, the Federal Court judge committed no error in proceeding on the basis that the order of the Prothonotary applies to the Canadian Human Rights Commission.
[5] The appeals will be dismissed with one set of costs in file A‑429‑12.
"Marc Noël"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
Dockets:
A-429-12 AND A-428-12
(APPEALS FROM ORDERS OF THE FEDERAL COURT DATED SEPTEMBER 11, 2012, DOCKETS NOS. T-105-10 AND T-107-10)
DOCKET:
A-429-12
STYLE OF CAUSE:
ROBERT LAVIGNE v. CANADIAN HUMAN RIGHTS COMMISSION, CANADA POST CORPORATION, THE CANADIAN UNION OF POSTAL WORKERS
AND DOCKET:
A-428-12
STYLE OF CAUSE:
ROBERT LAVIGNE v. CANADA POST CORPORATION, THE CANADIAN UNION OF POSTAL WORKERS
PLACE OF HEARING:
Montréal, Quebec
DATE OF HEARING:
September 11, 2013
REASONS FOR JUDGMENT OF THE COURT BY:
NOËL J.A.
TRUDEL J.A.
MAINVILLE J.A.
DELIVERED FROM THE BENCH BY:
NOËL J.A.
APPEARANCES:
Robert Lavigne
For The Appellant
(ON HIS OWN BEHALF)
Caroline Laverdière
For The Respondent
CANADIAN HUMAN RIGHTS COMMISSION
Alexandre Bourbonnais
For The Respondent
CANADA POST CORPORATION
Nicolas Charron
For The Respondent
THE CANADIAN UNION OF POSTAL WORKERS
SOLICITORS OF RECORD:
William F. Pentney
Deputy Attorney General of Canada
For The Respondent
CANADIAN HUMAN RIGHTS COMMISSION
NORTON ROSE CANADA LLP
Montréal, Quebec
For The Respondent
CANADA POST CORPORATION
PHILION LEBLANC BEAUDRY
Montréal, Quebec
For The Respondent
THE CANADIAN UNION OF POSTAL WORKERS