Tahmourpour v. Canada (Minister of National Revenue), docket A-601-98

Date: 19991130

Docket: A-601-98

CORAM:      ROBERTSON, J.A.

         ROTHSTEIN, J.A.

         MCDONALD, J.A.

BETWEEN:

ALI TAHMOURPOUR

     Appellant

- and -

THE MINISTER OF NATIONAL REVENUE

                 and THE ATTORNEY GENERAL OF CANADA

     Respondents

Heard at Edmonton, Alberta, on Tuesday, November 30th, 1999.

Judgment delivered at Edmonton, Alberta, on Tuesday, November 30th, 1999.

REASONS FOR JUDGMENT BY:      ROBERTSON, J.A.

Date: 19991129

Docket: A-601-98

CORAM:      ROBERTSON, J.A.

         ROTHSTEIN, J.A.

         MCDONALD, J.A.

BETWEEN:

     ALI TAHMOURPOUR

     Appellant

     - and -

     THE MINISTER OF NATIONAL REVENUE

     and THE ATTORNEY GENERAL OF CANADA

     Respondents

     REASONS FOR JUDGMENT

ROBERTSON, J.A.:

[1]      The Motions Judge concluded that there was no basis on which he could set aside the decision of the Canadian Human Rights Commission to dismiss the appellant's complaint that the Department of National Revenue had discriminated against him on the grounds of his "national or ethnic origin and race by failing to provide him with a harassment-free work environment....". We are all of the view that the Motions Judge did not err in dismissing the appellant's application for judicial review. Specifically, it cannot be said that the Commission erred in weighing the evidence and in particular, as it relates to the two of the four incidents in issue. Nor can it be said that the Motions Judge erred in applying the wrong test when evaluating the Commission's decision to dismiss the appellant's complaint. Accordingly the appeal must be dismissed.

                     "J.T. Robertson"

                             J.A.

     FEDERAL COURT OF CANADA

     APPEAL DIVISION

     NAMES OF COUNSEL AND SOLICITORS ON THE RECORD

COURT FILE NO.:                      A-601-98

STYLE OF CAUSE:                  Ali Tahmourpour v. The Minister of National

                             Revenue and The Attorney General of Canada

PLACE OF HEARING:                  Edmonton, Alberta

    

DATE OF HEARING:                  November 29, 1999

REASONS FOR JUDGMENT OF:              Robertson, J.A.         

DATED:                          November 29, 1999

APPEARANCES:

Ali Tahmourpour                      for the Appellant

Lorraine Neill                      for the Respondents

SOLICITORS OF RECORD:

Appellant in Person                      for the Appellant

Morris A. Rosenberg, Q.C.

Deputy Attorney General of Canada

Ottawa, Ontario                      for the Respondents