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.
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”
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
|
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