Hill v. Air Canada
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Hill v. Air Canada Court (s) Database Federal Court of Appeal Decisions Date 2006-03-13 Neutral citation 2006 FCA 106 File numbers A-660-04 Decision Content Date: 20060313 Docket: A-660-04 Citation: 2006 FCA 106 CORAM: NADON J.A. SHARLOW J.A. PELLETIER J.A. BETWEEN: YUL FERNANDO HILL Appellant and AIR CANADA Respondent Heard at Vancouver, British Columbia, on March 13, 2006. Judgment delivered from the Bench at Vancouver, British Columbia, on March 13, 2006. REASONS FOR JUDGMENT OF THE COURT BY: NADON J.A. Date: 20060313 Docket: A-660-04 Citation: 2006 FCA 106 CORAM: NADON J.A. SHARLOW J.A. PELLETIER J.A. BETWEEN: YUL FERNANDO HILL Appellant and AIR CANADA Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Vancouver, British Columbia, on March 13, 2006) NADON J.A. [1] We have not been persuaded that Mr. Justice Russell erred in the exercise of his discretion in concluding that the Appellant had failed to adequately explain the 18-month delay elapsed between the time he was notified of the decision rendered by the Canadian Human Rights Commission and the time he commenced his judicial review proceedings in the Federal Court. [2] In our view, it was entirely open to the Motions Judge, on the evidence before him, to conclude as he did. [3] Notwithstanding the arguments made by both parties regarding the effect of various orders made under the Companies' Creditors Arrangement Act, these orders were not before Russell J. and were therefore irrelevant to the …
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Hill v. Air Canada Court (s) Database Federal Court of Appeal Decisions Date 2006-03-13 Neutral citation 2006 FCA 106 File numbers A-660-04 Decision Content Date: 20060313 Docket: A-660-04 Citation: 2006 FCA 106 CORAM: NADON J.A. SHARLOW J.A. PELLETIER J.A. BETWEEN: YUL FERNANDO HILL Appellant and AIR CANADA Respondent Heard at Vancouver, British Columbia, on March 13, 2006. Judgment delivered from the Bench at Vancouver, British Columbia, on March 13, 2006. REASONS FOR JUDGMENT OF THE COURT BY: NADON J.A. Date: 20060313 Docket: A-660-04 Citation: 2006 FCA 106 CORAM: NADON J.A. SHARLOW J.A. PELLETIER J.A. BETWEEN: YUL FERNANDO HILL Appellant and AIR CANADA Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Vancouver, British Columbia, on March 13, 2006) NADON J.A. [1] We have not been persuaded that Mr. Justice Russell erred in the exercise of his discretion in concluding that the Appellant had failed to adequately explain the 18-month delay elapsed between the time he was notified of the decision rendered by the Canadian Human Rights Commission and the time he commenced his judicial review proceedings in the Federal Court. [2] In our view, it was entirely open to the Motions Judge, on the evidence before him, to conclude as he did. [3] Notwithstanding the arguments made by both parties regarding the effect of various orders made under the Companies' Creditors Arrangement Act, these orders were not before Russell J. and were therefore irrelevant to the exercise of his discretion. [4] The appeal will therefore be dismissed but, in the circumstances, without costs. "M. Nadon" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-660-04 STYLE OF CAUSE: Yul Fernando Hill v. Air Canada PLACE OF HEARING: Vancouver, British Columbia DATE OF HEARING: March 13, 2006 REASONS FOR JUDGMENT : Nadon, Sharlow, Pelletier JJ.A. RENDERED FROM THE BENCH BY: Nadon, JA DATED: March 13, 2006 APPEARANCES: Ms. Clea F. Partiff FOR THE APPELLANT Mr. Paul Fairweather FOR THE RESPONDENT SOLICITORS OF RECORD: Solicitor FOR THE APPELLANT Vancouver, British Columbia Fasken Martineau DuMoulin FOR THE RESPONDENT Vancouver, British Columbia
Source: decisions.fca-caf.gc.ca