L'Écuyer v. Aéroports de Montréal
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L'Écuyer v. Aéroports de Montréal Court (s) Database Federal Court of Appeal Decisions Date 2004-06-17 Neutral citation 2004 FCA 237 File numbers A-259-03 Decision Content Date: 20040617 Docket: A-259-03 Citation: 2004 FCA 237 CORAM: RICHARD C.J. DÉCARYJ.A. NOËL J.A. BETWEEN: DIANE L'ÉCUYER Plaintiff (appellant) and AÉROPORTS DE MONTRÉAL Defendant (respondent) and PRIVACY COMMISSIONER OF CANADA Intervener Hearing held at Montréal, Quebec, on June 17, 2004. Judgment delivered from the bench at Montréal, Quebec, on June 17, 2004. REASONS FOR JUDGMENT OF THE COURT: DÉCARY J.A. Date: 20040617 Docket: A-259-03 Citation: 2004 FCA 237 CORAM: RICHARD C.J. DÉCARY J.A. NOËL J.A. BETWEEN: DIANE L'ÉCUYER Plaintiff (appellant) and AÉROPORTS DE MONTRÉAL Defendant (respondent) and PRIVACY COMMISSIONER OF CANADA Intervener REASONS FOR JUDGMENT OF THE COURT (Delivered from the bench at Montréal, Quebec, on June 17, 2004.) DÉCARYJ.A. [1] Pinard J. was of the opinion that the Privacy Commissioner of Canada and, accordingly, the Federal Court, did not have jurisdiction to hear the appellant's claim for relief under section 14 of the Personal Information Protection and Electronic Documents Act, S.C. 2000, c. 5). In his view, it was rather the grievance adjudicator who had that jurisdiction. [2] That said, Pinard J. thought it nonetheless appropriate to examine the merits of the complaint and he determined that it was unfounded. [3] He first determined that the appellant had consented, at least im…
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L'Écuyer v. Aéroports de Montréal Court (s) Database Federal Court of Appeal Decisions Date 2004-06-17 Neutral citation 2004 FCA 237 File numbers A-259-03 Decision Content Date: 20040617 Docket: A-259-03 Citation: 2004 FCA 237 CORAM: RICHARD C.J. DÉCARYJ.A. NOËL J.A. BETWEEN: DIANE L'ÉCUYER Plaintiff (appellant) and AÉROPORTS DE MONTRÉAL Defendant (respondent) and PRIVACY COMMISSIONER OF CANADA Intervener Hearing held at Montréal, Quebec, on June 17, 2004. Judgment delivered from the bench at Montréal, Quebec, on June 17, 2004. REASONS FOR JUDGMENT OF THE COURT: DÉCARY J.A. Date: 20040617 Docket: A-259-03 Citation: 2004 FCA 237 CORAM: RICHARD C.J. DÉCARY J.A. NOËL J.A. BETWEEN: DIANE L'ÉCUYER Plaintiff (appellant) and AÉROPORTS DE MONTRÉAL Defendant (respondent) and PRIVACY COMMISSIONER OF CANADA Intervener REASONS FOR JUDGMENT OF THE COURT (Delivered from the bench at Montréal, Quebec, on June 17, 2004.) DÉCARYJ.A. [1] Pinard J. was of the opinion that the Privacy Commissioner of Canada and, accordingly, the Federal Court, did not have jurisdiction to hear the appellant's claim for relief under section 14 of the Personal Information Protection and Electronic Documents Act, S.C. 2000, c. 5). In his view, it was rather the grievance adjudicator who had that jurisdiction. [2] That said, Pinard J. thought it nonetheless appropriate to examine the merits of the complaint and he determined that it was unfounded. [3] He first determined that the appellant had consented, at least implicitly, to the disclosure of the letter dated February 8, 2001, to the union representatives. He then determined that in this particular case the employer (the respondent) had the duty to disclose its reply to the access to information request to the union. [4] We could not find any palpable or overriding error in these findings. This is sufficient for us to dismiss the appeal without requiring us to decide on the issue of jurisdiction. [5] The appeal is therefore dismissed, without costs under the circumstances. "Robert Décary" J.A. Certified true translation Kelley A. Harvey, BA, BCL, LLB FEDERAL COURT OF APPEAL SOLICITORS OF RECORD DOCKET: A-259-03 STYLE OF CAUSE: DIANE L'ÉCUYER Plaintiff (appellant) and AÉROPORTS DE MONTRÉAL Defendant (respondent) and PRIVACY COMMISSIONER OF CANADA Intervener PLACE OF HEARING: Montréal, Quebec DATE OF HEARING: June 17, 2004 REASONS FOR JUDGMENT OF THE COURT: (RICHARD C.J., DÉCARY, NOËL JJ.A.) DELIVERED FROM THE BENCH BY: DÉCARY J.A. APPEARANCES: Diane l'Écuyer (representing herself) FOR THE APPELLANT Lukasz Granosik FOR THE RESPONDENT Annie G. Berthiaume/Sean McGee FOR THE INTERVENER SOLICITORS OF RECORD: Diane l'Écuyer Verdun, Quebec FOR THE APPELLANT Ogilvy Renault Montréal, Quebec FOR THE RESPONDENT Nelligan O'Brien Payne Ottawa, Ontario FOR THE INTERVENER
Source: decisions.fca-caf.gc.ca