Canada (Attorney General) v. Green
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Canada (Attorney General) v. Green Court (s) Database Federal Court Decisions Date 2002-06-12 Neutral citation 2002 FCT 664 File numbers T-1529-98 Decision Content Date: 20020612 Docket: T-1529-98 Neutral citation: 2002 FCT 664 Ottawa, Ontario, Wednesday, June 12, 2002 Present: THE HONOURABLE MR. JUSTICE LEMIEUX BETWEEN: THE ATTORNEY GENERAL OF CANADA Applicant - and - NANCY GREEN and CANADIAN HUMAN RIGHTS COMMISSION Respondents REASONS FOR ORDER AND ORDER [1] On June 2, 2000, I allowed, in part, the judicial review launched by the Attorney General for Canada by varying, inter alia, Award #3 rendered by a Canadian Human Rights Tribunal (the "Tribunal"). In the Court's Order, I stated the awards to Nancy Green be implemented as soon as possible and that I may be spoken to if difficulties arose. [2] The Tribunal's Award #3 to Nancy Green provided for a gross-up to compensate her for adverse income tax implications due to her non-receipt of annual income at the PM-06 level from the date of the discriminatory practice. [3] The Tribunal specifically said in its Award #3 that it would retain jurisdiction concerning this issue and if a figure mutually approved could not be reached, the Tribunal would hear submissions on this issue. [4] This Court varied the Tribunal's Award #3 only to the extent that the start date for the gross-up should be February 1989 as suggested by both the Attorney General and the Canadian Human Rights Commission (the "Commission"). [5] As I understand it, a …
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Canada (Attorney General) v. Green Court (s) Database Federal Court Decisions Date 2002-06-12 Neutral citation 2002 FCT 664 File numbers T-1529-98 Decision Content Date: 20020612 Docket: T-1529-98 Neutral citation: 2002 FCT 664 Ottawa, Ontario, Wednesday, June 12, 2002 Present: THE HONOURABLE MR. JUSTICE LEMIEUX BETWEEN: THE ATTORNEY GENERAL OF CANADA Applicant - and - NANCY GREEN and CANADIAN HUMAN RIGHTS COMMISSION Respondents REASONS FOR ORDER AND ORDER [1] On June 2, 2000, I allowed, in part, the judicial review launched by the Attorney General for Canada by varying, inter alia, Award #3 rendered by a Canadian Human Rights Tribunal (the "Tribunal"). In the Court's Order, I stated the awards to Nancy Green be implemented as soon as possible and that I may be spoken to if difficulties arose. [2] The Tribunal's Award #3 to Nancy Green provided for a gross-up to compensate her for adverse income tax implications due to her non-receipt of annual income at the PM-06 level from the date of the discriminatory practice. [3] The Tribunal specifically said in its Award #3 that it would retain jurisdiction concerning this issue and if a figure mutually approved could not be reached, the Tribunal would hear submissions on this issue. [4] This Court varied the Tribunal's Award #3 only to the extent that the start date for the gross-up should be February 1989 as suggested by both the Attorney General and the Canadian Human Rights Commission (the "Commission"). [5] As I understand it, a dispute has arisen between counsel for the Attorney General, Nancy Green and the Commission as to whether the gross-up applies not only to the lump sum compensation for lost wages but to the interest award. [6] Clearly, the Tribunal specifically retained jurisdiction concerning the gross-up issue. [7] This Court's Order varying Tribunal Award #3 did not vary that portion of Award #3 whereby the Tribunal specifically retained jurisdiction on the issue. [8] As a result, this issue is not one of the difficulties contemplated to be resolved by this Court. [9] Moreover, it is inappropriate for this Court to resolve an issue which was not raised for consideration by any party in the judicial review proceedings. [10] I conclude the Tribunal has jurisdiction to deal with the problem. ORDER THIS COURT ORDERS that the Tribunal has jurisdiction in the matter. "François Lemieux" J U D G E FEDERAL COURT OF CANADA TRIAL DIVISION NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: T-1529-98 STYLE OF CAUSE: The Attorney General of Canada v. Nancy Green and others PLACE OF HEARING: Toronto, Ontario DATE OF HEARING: June 28, 1999 REASONS FOR ORDER OF THE HONOURABLE MR. JUSTICE LEMIEUX DATED: June 12, 2002 APPEARANCES: S. Ronald Stevenson FOR APPLICANT Lysanne K. Lafond Nancy Green RESPONDENT ON HER OWN BEHALF Margaret Rose Jamieson FOR RESPONDENT (C.H.R.C.) SOLICITORS OF RECORD: Mr. Morris Rosenberg FOR APPLICANT Deputy Attorney General of Canada Ms. Nancy Green RESPONDENT ON HER OWN Etobicoke, Ontario BEHALF Canadian Human Rights Commission FOR RESPONDENT (C.H.R.C.) Ottawa, Ontario
Source: decisions.fct-cf.gc.ca