Lavigne v. Canada (Human Rights Commission)

Lavigne v. Canada (Human Rights Commission)
Court (s) Database
Federal Court of Appeal Decisions
Date
2011-11-29
Neutral citation
2011 FCA 333
File numbers
A-469-10
Decision Content
Federal Court of Appeal
Cour d'appel fédérale
Date: 20111129
Dockets: A-469-10
A-470-10
Citation: 2011 FCA 333
CORAM: NOËL J.A.
PELLETIER J.A.
TRUDEL J.A.
A-469-10
BETWEEN:
ROBERT LAVIGNE
Appellant
and
CANADIAN HUMAN RIGHTS COMMISSION
Respondent
and
CANADA POST CORPORATION
Respondent
and
THE CANADIAN UNION OF POSTAL WORKERS
Respondent
A-470-10
BETWEEN:
ROBERT LAVIGNE
Appellant
and
CANADA POST CORPORATION
Respondent
and
THE CANADIAN UNION OF POSTAL WORKERS
Respondent
Heard at Montréal, Quebec, on November 29, 2011.
Judgment delivered from the Bench at Montréal, Quebec, on November 29, 2011.
REASONS FOR JUDGMENT OF THE COURT BY: TRUDEL J.A.
Federal Court of Appeal
Cour d'appel fédérale
Date: 20111129
Dockets: A-469-10
A-470-10
Citation: 2011 FCA 333
CORAM: NOËL J.A.
PELLETIER J.A.
TRUDEL J.A.
A-469-10
BETWEEN:
ROBERT LAVIGNE
Appellant
and
CANADIAN HUMAN RIGHTS COMMISSION
Respondent
and
CANADA POST CORPORATION
Respondent
and
THE CANADIAN UNION OF POSTAL WORKERS
Respondent
A-470-10
BETWEEN:
ROBERT LAVIGNE
Appellant
and
CANADA POST CORPORATION
Respondent
and
THE CANADIAN UNION OF POSTAL WORKERS
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Montréal, Quebec, on November 29, 2011)
TRUDEL J.A.
[1] These are consolidated appeals from orders by Boivin J. from the Federal Court upholding orders by Prothonotary Richard Morneau who granted the respondents’ motions (Canada Post Corporation and The Canadian Union of Postal Workers) for security for costs and dismissed the appellant’s motion regarding the confidentiality of settlement agreements reached between the parties in 2007 and 2008 following the termination of Mr. Lavigne’s employment at Canada Post.
[2] The only appeal that is properly before us, when regard is had to Rule 416(3), is the one with respect to security for costs.
[3] We are all of the view that Prothonotary Morneau understood and correctly stated the factors to be considered before reaching his conclusion on the motions for security for costs. On any standard, Boivin J. committed no reviewable error in refusing to intervene.
[4] Therefore, these appeals will be dismissed with costs and a copy of these reasons delivered from the Bench will be filed in file A-470-10 as reasons for judgment.
“Johanne Trudel”
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-469-10
STYLE OF CAUSE: Robert Lavigne v. Canadian Human Rights Commission and Canada Post Corporation and The Canadian Union of Postal Workers
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: November 29, 2011
REASONS FOR JUDGMENT OF THE COURT BY: (NOËL, PELLETIER,
TRUDEL JJ.A.)
DELIVERED FROM THE BENCH BY: TRUDEL J.A.
APPEARANCES:
Robert Lavigne
ON HIS OWN BEHALF
Charles A. Foucreault
FOR THE RESPONDENT
CANADA POST CORPORATION
Nicolas Charron
FOR THE RESPONDENT
THE CANADIAN UNION OF POSTAL WORKERS
SOLICITORS OF RECORD:
Norton Rose OR LLP
Montréal, Quebec
FOR THE RESPONDENT
CANADA POST CORPORATION
Philion, Leblanc, Beaudry, avocats s.a.
Montréal, Quebec
FOR THE RESPONDENT
THE CANADIAN UNION OF POSTAL WORKERS
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-470-10
STYLE OF CAUSE: Robert Lavigne v. Canada Post Corporation and The Canadian Union of Postal Workers
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: November 29, 2011
REASONS FOR JUDGMENT OF THE COURT BY: (NOËL, PELLETIER,
TRUDEL JJ.A.)
DELIVERED FROM THE BENCH BY: TRUDEL J.A.
APPEARANCES:
Robert Lavigne
ON HIS OWN BEHALF
Charles A. Foucreault
FOR THE RESPONDENT
CANADA POST CORPORATION
Nicolas Charron
FOR THE RESPONDENT
THE CANADIAN UNION OF POSTAL WORKERS
SOLICITORS OF RECORD:
Norton Rose OR LLP
Montréal, Quebec
FOR THE RESPONDENT
CANADA POST CORPORATION
Philion, Leblanc, Beaudry avocats s.a.
Montréal, Quebec
FOR THE RESPONDENT
THE CANADIAN UNION OF POSTAL WORKERS